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LADY LAWYER
LADY LAWYER, Family Law Attorney
Category: Family Law
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Experience:  Family Law Attorney
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My husband left our home over 30 days ago. He has returned

Resolved Question:

My husband left our home over 30 days ago. He has returned for "visits" but leaves leaving my daughter (5) tramautized and has not contributed one penny. I am not employed and have not been for over 10 years. I am currently applying for work. Can I take any legal action to keep him from away. He threatens me that he will get a place and take our daughter and I will never see her again. Please advise if possible. I live in Georgia.
Submitted: 1 year ago.
Category: Family Law
Expert:  LADY LAWYER replied 1 year ago.

LADY LAWYER :

Hello, Thanks for choosing Justanswer.com! I look forward to helping you today. Please give me a moment to review your question and to answer you.

LADY LAWYER :

There is no way at this time to keep him from entering the marital home. You could change the locks but he could get a court order letting him back in again. He may not get the court order and then there wouldn't be anything he could really do.

LADY LAWYER :

In order for the court to take jurisdiction over the parties, you would need to file for separation or divorce. At that time, you can ask that the court order your husband removed from the home. Of course, your husband can file for custody at that time, but you will have already done this yourself when you file for the separation or divorce papers. You will probably remain in the home with custody of your daughter and the father will be granted visitation with her. You do have to realize that this means that he will be allowed to take her from the home in order to see her and may even be awarded overnight visits if he can prove he has a stable and safe residence.

LADY LAWYER :

When you file for separation or divorce, you will also ask the court for pendente lite support, which means your husband will have to support you in the lifestyle you were accustomed to for a period of time set by the court. The time period will vary depending on many different things, but you will at least be able to get your bills paid.

LADY LAWYER :

I realize you may have more questions moving forward. I am very happy to keep assisting you--please just reply with any follow ups you may have. If you do not have any further follow up questions, wold you kindly leave a positive rating for me at this time? It will cost you nothing further to do but it is the only way the site compensates the experts for the time spent with a customer. Thanks so much!

LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6531
Experience: Family Law Attorney
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