How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ellen Your Own Question
Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
9968427
Type Your Family Law Question Here...
Ellen is online now
A new question is answered every 9 seconds

Can me and my 10 year old son legally separate from his mother?

This answer was rated:

Can me and my 10 year old son legally separate from his mother? Shes mean to both of us

*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

Hello,

Thank you for your question. My name is XXXXX XXXXX I will do whatever I can to answer your questions!

Can me and my 10 year old son legally separate from his mother?
Yes

Provided there is not a court order or a pending court proceeding in effect regarding your son, you and your son may move away from the mother.

This means that without a court order regarding your son, both parents have equal rights. The parent that the child is with has the right to relocate or travel with his child as he sees fit and to deny visitation to the other parent.

I would be glad to respond to any follow-up questions that you may have.

Customer: replied 3 years ago.
thanks for that info. Do i need to contact a family lawyer and fill out paperwork to do this? There is no court filings as we are married and living in the same house at this point

No it is not necessary to take any legal action before moving out. After you move out, you will want to retain counsel – while your son is in your custody –to petition the court for parenting plan
Ellen and 4 other Family Law Specialists are ready to help you
Hi,

How are things going? Is there anything else I can help you with?
Customer: replied 3 years ago.
thanks for the info. I have a question now..i just walked by and saw her watching porn on the computer with my son 10 feet away in the bath. Can i just serve her and have her removed

You can file for divorce and ask the court for sole occupancy of the marital residence.

I hope this helps
Customer: replied 3 years ago.
if i wouldnt have seen it with my own eyes i wouldnt have believed it...she came out of the back naked and my son was sitting next to me..she weighs 280 pounds. I need the name of a family lawyer that will just give me everything. Im done here


Here is a link to a free site that may assist you in locating competent legal counsel: www.Martindale.com
Customer: replied 3 years ago.
thanks
My pleasure – if I can assist you further please let me know by beginning a new page that starts with "for FiveStarLaw"
Customer: replied 3 years ago.

for five star law.today my son and his friend were looking for pics of our old cat on the computer and he saw a lot of porn pics she had on here. he was discusted by these. I cant take anymore of this


 


We had discussed that you can file for divorce and ask the court for sole occupancy of the marital residence. Have you done so?

Customer: replied 3 years ago.

I was looking for the correct separation forms online but had problems at work so it was on hold

I understand