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originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 879
Experience:  9+ years of experience in divorce, custody battles and mediation.
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I live in San Diego, California and have been married years.

Customer Question

I live in San Diego, California and have been married for 10 years. I found out Friday that my husband is moving out tomorrow, I am supposed to leave on a business trip (he has not told me) we have a 9 year old son and I am worried about the emotional stress it will put on my child, springing this on him without any kind of notice. Can my husband legally take my son to his new house? We have not filed for divorce and act like a married couple.
Submitted: 1 year ago.
Category: Family Law
Expert:  originallawyer replied 1 year ago.

Unless you have a court order stating otherwise, each of you have equal rights to your child, meaning he can move your child or you could likewise take your child on your business trip with you. Until there's a court order outlining parenting time and custody, you legally can't prevent him from moving houses while you are gone. However, I suggest upon your return that you immediately hire a lawyer, and get them to file the divorce and ask for a temporary orders hearing that will give you a custody and visitation outline to go by while the divorce is pending.

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