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Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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I am considering a separation. My husband and I got into a

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I am considering a separation. My husband and I got into a fight Friday night. He has been gone since then visiting family. I do not want to be here with our 5 year old when he gets home. I am thinking on staying in a hotel for several nights with our daughter. Do I have to tell him where we are since she will be with me?
I honestly think he is trying to drive me crazy. I work all the time and he is out having fun. I was tired when I got home from work and didn't want to hear about his fun day. He blew up at me. I never get to do anything. He spends money and leads the good life and I work all the time. I also take care of our daughter while he is off having fun. He was extremely nasty when I just wanted some sympathy. He was so nasty that I suspect he may want me to commit suicide so he can have life insurance money, as he is extremely materialistic. What should I do?

FiveStarLaw :

Hello,

Thank you for your question. My name is XXXXX XXXXX I will do whatever I can to answer your questions!

Customer:

Hi! What should I do?

FiveStarLaw :

You are not required to tell your husband where you are or when your daughter is located absent a court order to the contrary

FiveStarLaw :

Therefore you can legally go to a hotel room with your daughter without informing him first or obtaining his consent

Customer:

Any other advice that you could give me? Should I cease all contact?

FiveStarLaw :

I cannot legally give you "advice" due to the nature of this forum. However I can provide you with information to directly answer your questions.

FiveStarLaw :

As a parent/spouse you can move out of the house and not advise of your location

FiveStarLaw :

You may move out of the state if you would like

Customer:

We have a vacation coming up in 6 days. Can I stay home with my daughter? Can he force her to go without me?

FiveStarLaw :

Good question! Let me explain

FiveStarLaw :

Absent a court order, both parents have equal rights to custody. This mean that without a court order or proceeding concerning the child, the parent in possession of the child has custody can choose whether to allow the child to visit or travel with the other parent.

Customer:

I am concerned because she goes out in the water and I want to have my eyes on her. It makes me a nervous wreck to think of her being with anyone but me around the ocean.

FiveStarLaw :

You can go to a hotel room as you asked and not return prior to his departure for vacation. This way he would not have the opportunity to take your daughter

Customer:

So I just keep her with me? The only problem is that he obviously can pick her up from daycare. He works from home and has a lot of flexibility. I work at the hospital and can not leave under any circumstances.

Customer:

I have to be at work this coming week, which means she has to be in daycare.

FiveStarLaw :

Yes he can pick her up from day care and not return her.

Consider meeting with local counsel tomorrow morning and filing a custody action so that he can not pick her up from day care

FiveStarLaw :

Does this make sense to you

Customer:

He is a good dad. He was just terrible to me on Friday night. It doesn't seem like I would have much of a chance since he is a fit dad. I don't mind her staying with him, but just not for this vacation at the beach due to my fear of water being involved.

FiveStarLaw :

As a parent I understand completely. As a lawyer I must tell you that if he takes her from day care or has physical possession of your daughter, he is not required to return your daughter unless you've got a court order

Customer:

The other problem is that I can't really call out of work. It is a bad situation. I am the only person there and me being gone would create a disaster at work.

FiveStarLaw :

Unfortunately you will need to keep your daughter in your custody until you have a court order or your husband can take her. You will need to decide which is the more pressing situation

Customer:

Maybe the easiest thing would be for me to beg him to let her stay with me. What chance would I have of getting this court order if he is a perfectly good dad?

FiveStarLaw :

The court will order a temporary parenting plan. A temporary parenting plan would not eliminate his right to have parenting time since he is a good father. Rather it would set up a schedule that would be in your daughter's best interests.

Customer:

I really appreciate your help.

FiveStarLaw :

it is my pleasure

Customer:

Are there any good website that you could recommend for further research into the separation process?

FiveStarLaw :

Divorcesource.com is usually helpful. Also if you have any questions in the future, you can directly route your question to me using this link ::
http://www.justanswer.com/law/expert-fivestarlaw/

Still put "For FiveStarLaw" at the beginning of the question.

Thank you for remembering to leave a positive rating of my service. It has been my pleasure to work with you. I look forward to working with you again in the future

Ellen and 3 other Family Law Specialists are ready to help you