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Roger, Attorney
Category: Family Law
Satisfied Customers: 31766
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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my wife moved out and took our son and filed for divorce.

Resolved Question:

my wife moved out and took our son and filed for divorce. Can I keep him this weekend and not let him leave since this has been his home? she has only been gone for 2 days and no court order is in place and our sone is 12, will be 13 in april. My son has expressed interest in staying with me anyway.
Submitted: 5 years ago.
Category: Family Law
Expert:  Roger replied 5 years ago.

Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney here to assist you.


Unless there is a court order in place that prohibits your right to the child, you have just as much right to the child as the mother. This means that either of you can take custody of the child to the exclusion of the other parent, and there's nothing the other parent can do EXCEPT for filing a motion with the court for a temporary custody and visitation order. If she files such a motion, the judge can award temporary custody and visitation, and at that point, both of you would be bound by the court order.


I would, however, recommend that you try to cooperate because if you take the child and refuse to allow the mother to see him, exercise visitation, the judge may hold that against you when determining a temporary or permanent custody order.



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