What are my husband’s custody rights if custody papers have not yet been drawn up?

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What are my husband’s custody rights if custody papers have not yet been drawn up?

My family (myself, husband, 3 children (3,5,7) have lived with my parents for 2 years, So my husband and I could both get jobs and get a place of our own. I’ve been supporting the 5 of us for 8 years; I have a job. My husband moved back to KS 2 months ago and, 2 weeks ago, I decided that I no longer want to be with him. He is not accepting thjs news very well. I haven’t had a chance to get any legal papers yet because of my work hours lately. I’m not sure I trust him if I give him the children for a weekend without any papers. Should I trust his grandparents, if they want to see kids on the weekend?

Asked on November 1, 2010 under Family Law, Missouri

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your situation.  Unfortunatley, no one can tell you who you can and can not trust is a situation like this.  Only you yourself know how the personalitiesare here and how the situation is unfolding.  Your husband, though, has the same rights as you do under the law to the kids.  You did not state why he moved back to Kansas.  Was that your home state originally and was it for a job?  This may be a difficult situation for a court to decide.  A court looks at what is in the best interests of the children when it comes to deciding with whom they should live and where.  I would really speak to an attorney in your area as soon as you can just on a consultation basis if you can not have legal papers drawn up just yet.  You can also go to your local family court and ask for temporary custody pending the filing of a divorce action in many states.  Check out your as well.  Good luck.


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