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Thank you for your patience. I had to step away for a call just as I started typing.He cannot tell he that she cannot take the child with her, no. As a legally married couple with a child born to them, both spouses actually have legal right to the child. So she could take her daughter with her. In fact, I would agree it is better for her to do so, so long as she will have a place to go with the child (even if it means living with family and friends temporarily until she is set up on her own) because if she leaves the home and child behind, in a divorce matter when it comes to custody, it could appear that she left the child willingly and that could be a factor the court uses in deciding who should be the primary parent.That said, I cannot guarantee that he will not file for divorce, and then once he does so, file a motion to decide temporary custody of the child pending the final divorce decree. In that case, there would have to be a hearing though before the court would decide where the child should live, based on what the court feels would be in the best interest of the child.One final thought - is your daughter on the lease agreement? If so, he cannot make her leave the house if she does not want to absent a court order. Only a landlord can do that -and even then, that also requires a court ordered eviction.Please let me know if you need clarification or additional information - happy to assist further as I can!
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