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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 33308
Experience:  16 yrs. of experience including family law.
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My Husband said he is taking our 6 year old away while I'm

Customer Question

My Husband said he is taking our 6 year old away while I'm on a 1 day business trip this Thursday. He said for a few days/ long weekend so I can "understand" what it feels like to be alone. Is this legal?
Regards,
Amy(###) ###-####
Submitted: 8 months ago.
Category: Family Law
Expert:  P. Simmons replied 8 months ago.
Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to helpAlso, if you would like to chat on the phone, let me know and I can make that happen. You mention husband...so you are married? If so, is there a court order for visitation (for example, because of a pending divorce)?
Customer: replied 8 months ago.
My Husband said he is taking our 6 year...
My Husband said he is taking our 6 year old away while I'm on a 1 day business trip this Thursday. He said for a few days/ long weekend so I can "understand" what it feels like to be alone. Is this legal?
Regards,
Amy(###) ###-####
Expert:  P. Simmons replied 8 months ago.
Ma'am...sorry, I had asked a question, the answer to which will determine what your rights are. Can you answer that question please?Again, is there a court order for visitation of this child (for example, because of a pending divorce)?
Customer: replied 8 months ago.
there is no court order, no divorce, just a threat of it
Expert:  P. Simmons replied 8 months ago.
ThanksWith no court order? Then both you and your spouse have equal rights to the child. And there is no law that would prevent him from taking the child wherever he likes.If the goal is to prevent this? You need a court order. If you file for divorce and ask the court to do so, they will issue a custody order (to determine who gets the child when). This order can be enforced (if he does not obey it he could be tossed in jail). Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.
Expert:  P. Simmons replied 8 months ago.
HiExperts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer. Please rate the answer so I may receive creditThanks for your understandingPhil
Customer: replied 8 months ago.
How quickly and easily can I get a court order?
Expert:  P. Simmons replied 8 months ago.
If you file for divorce? You can likely get an order within 1 week or so...but you will need to hire an attorney and have them file for divorce to start this process. Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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