If I am intending on leaving my husband andwe have a toddler, what keeps him from just going and getting him at daycare while I am at work?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I am intending on leaving my husband andwe have a toddler, what keeps him from just going and getting him at daycare while I am at work?

Asked on September 7, 2011 under Family Law, Kansas

Answers:

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

Answered 12 years ago | Contributor

Nothing unless there is a court order preventing him from doing so.  Your husband has the same rights to your son as you do.  And if he wants to pick him up he can as well.  What you would need is a visitation and custody agreement that addresses each of the issues that concerns you and sets everything out in black and white.  So before you leave your husband I might consider discussing the issues that concern you with an attorney and decide how you want to handle the matters between you.  Courts favor joint custody and open relationships between parent and child.  Unless he is a horrible parent and you establish that he has every right to ask for everything you would with his son.  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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption