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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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I found my husband taking furniture/valuables from our house.He

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I found my husband taking furniture/valuables from our house.He then informed me that he was leaving and had appartment ready and has filed for divorce.He is petitioning for full custody and when I heard this I refused to let him have my child as he intends to keep him100%.I have not been served yet and I did not even see this happening..pleases help
Submitted: 5 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your post.

I am sorry to hear that you are in this situation. What specifically can I answer for you this morning?
Customer: replied 5 years ago.
what should I do next?He tried to unlock my car door to take my son with the intention of keeping him.I can only see an attorney Monday afternoon.Is there anyway I can get anything sooner?
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your follow-up.

Please understand that while I am a licensed attorney, I am not your attorney. Therefore I cannot advise you and tell you what to do next. I can only provide you with information. Probably the most important bit of information that you need to be aware of is if there is no custodial order in place, both parents have 50/50 co-custody of the child. That means either of the parents can make legal and physical decision pertaining to care and maintenance of the child, or withhold the child from the other parent. Under that logic you are free to keep the child away from your spouse until there is a court order in place. Even if he filed for divorce, that does not make his petition final and it absolutely does not make the custodial order final. You can choose to not grant him access since there is a legitimate fear of having the child be taken permanently. If your spouse threatened you, it may be wise to file for a restraining order, something that you can do over the weekend. It would also be wise to start getting copies of all financial and personal documents pertaining to your family assets to ensure that no records become lost or misplaced for the divorce asset settlement split.

Good luck.
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