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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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My husband and i are in the process of getting separated.

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My husband and i are in the process of getting separated. I have filed separation papers with my lawyer. My husband has been gone from the house for 4 days and is returning tonight. He has asked that i find alternative sleeping arrangements tonight so he can spend time with out 10 year old son. Should i leave?
Dear JACUSTOMER - I see no reason for you to leave. Unless there is a court order you have every right to stay in the marital residence as does your husband. If he doesn't like the fact you are there he can sleep elsewhere but you have no legal obligation to leave and he has no power to force you to do so. If he threatens you whatsoever you can call the police and file domestic violence charges but you have no reason to move out of your home. You can ask the court for an order for exclusive use of the premises if things get out of hand. I'm quite certain your lawyer will tell you the same thing. Since he already left then he should be the one to move out, not you. Until there is a temporary order for custody he has no right to require you to do anything as far as your child as you each have an equal right to custody so he has nothing to enforce in the court to force you to provide any visitation.
Customer: replied 4 years ago.

He isn't asking me to move out. He only wants me to sleep somewhere else tonight. My question is: Will my leaving for the night affect my custody case?

It wouldn't hurt your custody case but if you move out he could theoretically not allow you back in and then you have a real problem for which you would need a court order.
Customer: replied 4 years ago.

OK... so you are saying it won't cause a problem if I am gone for one night?

I just don't want to be here with him tonight and I think it will be OK for him to spend time with our son.

It's not going to affect your custody case being away for one night. If you trust that he will not lock you out when you want to return then you can leave.
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