If I'm still married but separated and I don't feel my husband has a safe place for our son, am I wrong for keeping him away? 14 Answers as of December 20, 2013

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Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
You don't say if the father is asking to have the child. His rights are the same as yours so he is free to take the child or go to court to have a parenting plan established. That's what I would suggest you do. File for a legal separation (or divorce) and make a motion for temporary orders to get a temporary parenting plan and child support. In the motion, explain your concerns about the father's home and create a plan that allows the child to spend time with the father without being in an unsafe place. It's always possible to do that. It may take a little creativity.
Answer Applies to: Washington
Replied: 12/20/2013
John Russo | John Russo
Yes, once you receive a black robe then you can make those decisions, but he may feel you are unsafe also, what you believe is irrelevant he is the father you are the mother both are the parents, one is not better then the other, until the finder of fact so states.
Answer Applies to: Rhode Island
Replied: 12/20/2013
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
That depends, if there is a court order in place it must be honored. Get an attorney and get to the court and attempt to have a temporary order entered most favorable to your position.
Answer Applies to: Michigan
Replied: 12/20/2013
Attorney at Law
Attorney at Law | Frances An
You have the right to do what you think is best for your child. If he challenges you in the court, just go to court and tell them what you did and why. Right now, there are no court orders. If you file for divorce, you can get them. The court would order visitation for him, but would insist that he provide a safe place for the child.
Answer Applies to: California
Replied: 12/20/2013
Provda Law Firm
Provda Law Firm | Bruce Provda
If the court has ordered a visitation you need to comply or make a motion to modify it.
Answer Applies to: New York
Replied: 12/20/2013
    Goldstein and Peck. P.C.
    Goldstein and Peck. P.C. | William J. Kupinse, Jr
    The safety of your son should be the paramount consideration for both you and your husband. Thus the answer to your question is probably not, but your husband may have a different view of the safety issue.
    Answer Applies to: Connecticut
    Replied: 12/20/2013
    Strowbridge Blaisdel Richardson | Strowbridge Richardson
    Your opinion and reality may or may not be the same. Is CPS involved? Is your separation peaceful? The best way to resolve a custody dispute is to base your decisions on what is in the best interest of the child. Children always want to be close to both parents.
    Answer Applies to: California
    Replied: 12/18/2013
    Milligan, Beswick, Levine, & Knox LLP
    Milligan, Beswick, Levine, & Knox LLP | Stephen P Levine
    Of course not but without court orders defining your custody and visitation agreement you can't control the situation
    Answer Applies to: California
    Replied: 12/18/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    You are not wrong, but if he gets possession of the child, he could keep could keep him away from you. Right now, you each have the right to custody of your son. If you really want to protect your son, either get a protective order, if the criteria applies, or file for divorce and ask for temporary orders restricting dad's right to custody.
    Answer Applies to: Idaho
    Replied: 12/18/2013
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    The appropriate remedy is to get court orders establishing your parenting plan so there's no confusion as to when and under what circumstances the timeshare should take place.
    Answer Applies to: California
    Replied: 12/18/2013
    Welsh Law, LLC
    Welsh Law, LLC | Michael Shane Welsh
    Even if still married, at least in Georgia, you would have the right to try to restrict your husband?s access to the child if you legitimately believe the child is at risk or in danger when with husband. You should be able to substantiate your concerns when a court or a police officer asks you to. And you should take immediate legal action to protect the rights of your children - in Georgia you would file a petition for custody and child support in advance of seeking a divorce, although you might consider including that too. If push comes to shove, without a pending case, he has as much right to the children as you do and may convince a police officer to allow him access. In order to get the legal right to withhold the children from their father you would need to seek the protection of a court order.
    Answer Applies to: Georgia
    Replied: 12/18/2013
    Robert B. Cherry PC | Robert B. Cherry, Esq.
    Technically you cannot withhold the child. You need Court intervention and proof of the danger, not just your opinion.
    Answer Applies to: New Jersey
    Replied: 12/18/2013
    Law Office of Annette M. Cox, PLLC
    Law Office of Annette M. Cox, PLLC | Annette M. Cox
    Generally-speaking, you should allow access and encourage contact between your son and the Father. If there is a situation that poses harm or potential injury to your son, then it needs to be addressed; as you do not want to be accused of "failing to protect". I would suggest talking to an attorney to discuss what the circumstances are and what you should do to protect your son and yourself from legal consequences. Our firm offers free ? hour consultations. Just call 480-366-5780 to schedule a time.
    Answer Applies to: Arizona
    Replied: 12/18/2013
    Law Offices of Lauren H. Kane | Lauren H. Kane
    You need to file a Custody Motion.
    Answer Applies to: Pennsylvania
    Replied: 12/18/2013
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