If my husband and I have only been separated for a week so we haven’t “lawyered up” yet can he take our son whenever he feels like it?

What are his rights? Does he need my consent since I’m the primary caregiver?

Asked on September 12, 2012 under Family Law, West Virginia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You have the same rights to your son as your soon to be ex husband.  You need to learn to work together on this now when there are no official documents in place.  It will set the tone for the future.  Here is an approach you may wish to take.  Your son needs stability and to feel as if things are "set" in this uncertain time.  If he knowns that he can "count" on Dad at set times it will help him adjust.  Of course you want them to spend as much time together as they can so you need to come up with a schedule that gives them time and you time and the ability for both of you to plan outings and events, etc. and give each of you "down" time.  Good luck.

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