If my husband and I have been separated for over a year but he has our oldest daughter and I have our twins, when he brings her to visit could I legally keep her?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my husband and I have been separated for over a year but he has our oldest daughter and I have our twins, when he brings her to visit could I legally keep her?

He wants to bring her to stay for 2 weeks and him take the the twins for 2 weekend but before he takes the twins with him out of state. He will let all 3 kids stay here for the weekend but I don’t want him to take twins because he is not trustworthy at all. He was abusive to me and my oldest.

Asked on July 2, 2012 under Family Law, Arkansas

Answers:

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

Answered 9 years ago | Contributor

If there is no formal custody order or agreement then you have equal rights to your children at this point in time. What you need to do once she gets here is to file a petition for custody (she has to physically be here in the state to do so).  Custody determinations are made "in the best interest iof the child."  And if he is abusive then you need to act quickly.  Please 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption