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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.