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 Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 18811
Experience:  B.A.; M.B.A.; J.D.
16551887
Type Your Family Law Question Here...
Phillips Esq. is online now
A new question is answered every 9 seconds

I served my husband legal seperation papers the other day

Customer Question

I served my husband legal seperation papers the other day due to drug use and taking our baby away during arguements. He often used her as a pawn. An ex parte temp order was denied. Our first court hearing is next month. We still live together. Can he
run off with our infant daughter until the court hearing? Is continuing to live with him risky, I'm afraid hell take her away again. What should I be careful of during a custody battle that can be used against me?
Submitted: 2 years ago.
Category: Family Law
Expert:  Phillips Esq. replied 2 years ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.
I served my husband legal seperation papers the other day due to drug use and taking our baby away during arguements. He often used her as a pawn. An ex parte temp order was denied. Our first court hearing is next month. We still live together. Can he
run off with our infant daughter until the court hearing?

Response 1: Regrettably, yes he can. Both of you have equal custody of the child when there is no custody Order with the Court. Either party can take the child.
Is continuing to live with him risky, I'm afraid hell take her away again.
Response 2: I am sorry, but I cannot answer this question because I am not privy to your living arrangement.
What should I be careful of during a custody battle that can be used against me?
Response 3: This question is very broad. However, you need to be careful of the company that you keep and your lifestyle. In a custody case, the Court would make a decision based on what is in the best interests of the child by looking at the living arrangement of the parties to the custody dispute, their lifestyles, associations, parenting skills, education opportunity for the child, etc. If the Court finds after reviewing these factors that the child would be better off with you having custody, the Court would grant your request. Otherwise, the Court would deny your request. So, it is very important that you tell the Court any and all reasons why your application for custody should be granted and why custody should not be given to your husband; any witnesses should be brought to the Court to testify. Remember that the Court can only make decision based on the evidence presented to the Court.
Customer: replied 2 years ago.
I don't have income as my husband makes the money but I am a student and have my own apartment. Should I bring the lease to show I've been here as stability and school records shoeing I'm a straight A student. Will having no income affect me? I am requesting temp spousal n child support. We've been married 1 year.
Expert:  Phillips Esq. replied 2 years ago.
I don't have income as my husband makes the money but I am a student and have my own apartment. Should I bring the lease to show I've been here as stability and school records shoeing I'm a straight A student.
Response 1: You can bring any documents to Court to show that you are stable and a fit parent.
Will having no income affect me? I am requesting temp spousal n child support. We've been married 1 year.
Response 2: No, because if you are awarded custody of child, the Court would order your husband to pay child support.
Customer: replied 2 years ago.
Will the courts grant custody to him if he uses allegations of me cheating on him even though he has no proof?
Expert:  Phillips Esq. replied 2 years ago.
I have no idea what the Court would do. So, I will opt out however to give another Attorney the opportunity to further assist you.
Please do not respond to me because doing so would delay a response from another Attorney.