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legaleagle, Lawyer
Category: Family Law
Satisfied Customers: 13441
Experience:  Practicing attorney for 10 years
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After differences for some time my husband moved out of our

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After differences for some time my husband moved out of our marital home and has not left any contact details. He is unreachable and does not reply to emails nor does he answer his work phone/cell phone. We have an infant son together of whom I have been the primary caregiver. I still have access to our shared account and money is not the issue here. My question is what are the benefits of filing for temporary custody for our son? Is this step advisable? My husband and I are both Europeans - our son was born in the US - can I take my son back to Europe any time since my husband has left with no contact details? How would his irresponsible behavior affect him in case of a divorce for leaving without providing me emergency contact details since we do have a child? Would it affect his visitation rights? He has done this before and left for 5 weeks! Thanks.
The benefits are that he can not just show up one day and take your son, so custody is advisable. If you have a passport for the child already, and the father will not contact you then you could go back to europe. His leaving without notice and leaving contact info then that will help your case for custody and to limit or deny his visitation. It is better to get the custody order giving you authority to leave the country before you do so, so that he can not later claim you kidnapped our son.
Customer: replied 8 years ago.
Shelley, thanks for your speedy reply. How do I get a custody order - do I just go to a family court or do i need to see an attorney for that? How long does it take to get one and do i need to attend a hearing? Many Thanks.
You should go to an attorney. You have to give notice to your husband that you are seeking a custody order so you will need someone to file your petition with the court and serve notice on him. If you do not know where he is and he can not be served at work, then the attorney can get permission from the court to serve notice by publication.
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