questions & answers

Question: I would like to know if I leave my husband and my house with my baby because I am tired of him for always getting home from work and taking a shower and leaving the house and not coming back until 4am. He does not love me or spend and time with our baby at all. I left my house and he said that he was going to sue me with the (Child Protective Services) for abandoning the home. Can he do that? He also said that he will try to get full custody of our child, but he hardly takes care of her or spend any time with her. I want to divorse him but what can I do to legally leave my house?

Answer: Nothing prevents you from leaving your home and applying for a divorce, and he cannot "sue" you for abandonment just because of that. He has no right to make you stay in the marital relationship at all! Concerning child custody, in the absence of special circumstances (e.g. domestic violence, child neglect, drug addiction or criminal behavior), the courts will generally expect both parents to serve as joint legal custodians and cooperate with major decision-making until their children become adults. No judge will take away custody just because you are the one who filed for divorce, or moved out of the house. If you do decide that you wish to relocate to a new home, be careful that you do not do anything that so significantly hinders his access to the child that he can accuse you of "kidnapping" the baby - especially if the new home is far away. Make sure that you get written permission from the father, or a court order granting you authority to leave. You cannot simply take the kid and run because you are convinced that you are the better parent, or that he doesn't love the child the way you do. Even if it's true!