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My husband has not been in my home for a few weeks,I am cnsidering

seperation or divorce.However we have...
My husband has not been in my home for a few weeks,I am cnsidering seperation or divorce.However we have a minor together i know its not fair to keep him away from him,and have been visiting him on a daily basis,as time has gone on i can hear the fustration in his voice .He wants to take him out by himself and i am petrified he wont give him back or maybe even try to leave the state,what are your recommened?
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Answered in 4 minutes by:
3/1/2011
Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 33,167
Experience: JD, BBA Over 25 years legal and business experience.
Verified

I am sorry to hear of your difficult situation and am working on your answer.


CT has fault and no-fault grounds for divorce.

Since you are concerned your spouse will not return your child following visitation, it is typically best to file for divorce or legal separation and obtain an order that neither parent may move out of state without permission from the other or consent of the court.

There is no other way to limit your spouse's behavior since both parents usually have the right to move out of state with the child absent a court order.

All the best to you.

Tina

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Customer reply replied 6 years ago
could i have him sign and notarize a letter stating just what was said in our own words,untill court or should i just act like a lion protecting her cub and not see him at all?
Such an "informal" agreement would not be enforceable by the police or the court's contempt power typically. While it would be strong evidence of the parties intent, your husband could not normally be jailed if he violates the agreement as he could be if it involved a court order.

It just doesn't provide the protection you appear to be looking for, but would be better than nothing.


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Customer reply replied 6 years ago
so basically what your saying is ...stay away if i feel he is considering this?without legal seperation or divorce he can do what he wants with him?
I personally would not permit visitation if I had this concern since it is typically much harder to undo the damage if he does decide not to return your child to you and even worse if he moves out of state.

It's just not worth the risk usually.

All the best to you!

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Customer reply replied 6 years ago
Last question.. i promise,how about if i stay with them ?If he forces and bullies me i could call 911,would that work?just a thought.I thank you for your time and appreciate your prompt response.Do you mind if i ask where you are located?This is just such a difficult situation.
I am licensed in several states but not CT.

If you are with them during visitation, that is normally a very good compromise and something I would agree to since the police can be called if there is a dispute.

At a minimum, your spouse would have a very difficult time absconding with your child if you are also present.



Good luck to you and your family!
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Customer reply replied 6 years ago
Thank you again for your time and take care!
You are VERY welcome!

Please remember to press "accept" so I will be paid. I thank you much!
Tina
Tina, Lawyer
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Experience: JD, BBA Over 25 years legal and business experience.
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