If I go away for about 9 days without my kids, could my husband use this against me in a divorce court?

My husband left me and the kids and move to a friend a month and a half ago. He told me he wants to stay separated. I’m thinking to take a break from this painful situation going on a trip alone (paid by my family) and I have asked him if he would watch the kids (in our family home where I live with the kids) to go away for about 8/9 days. He agreed and I have some texts on my phone that proves it. Though I am still afraid that he could use this against me when we divorce. Could he do that? What’s the worst thing it could happen and how could I protect myself?

Asked on August 16, 2012 under Family Law, Virginia


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

Answered 8 years ago | Contributor

I can understand how you feel but unless and until you have a written agreement in place I would not take the trip.  Not because he could use it against you but becuase once he is in the home he may move to have exclusiive use and occupancy and for temporary custody of the kids. With a written agreement in place you could agree to have him watch the kids in the home to casue the children less strife (put it in there).  Seek legal help asap.  Good luck.

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