Your husband can not "take your son away" with out a court order giving him custody and physical placement. Your best course of action is to retain a lawyer to file divorce papers, including a request for custody and physical placement of your son.

Answer Applies to: Rhode Island
Replied: 11/8/2011

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As you are married, you both have equal rights to your son. To change that, you must file for divorce and seek a temporary custody order. It would be best for you to obtain an attorney to file for you.

Answer Applies to: Ohio
Replied: 11/7/2011

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You will need to file a petition for divorce and ask for primary physical custody. Of course, if he wants to fight you for custody you should retain an attorney to represent you.

Answer Applies to: Georgia
Replied: 11/5/2011

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From the facts you described, it seems likely that I will be able to obtain full custody of your son for you, and require your husband to pay child support. A divorce case it started by the filing of a petition for dissolution of marriage. A motion for temporary custody of your son can be filed as soon as the divorce cases started. Do not let your husband threatened to take away your son. Those types of threats are meant to scare you into giving up important legal rights, and have no basis in law or fact.

Answer Applies to: Illinois
Replied: 11/4/2011

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I would recommend hiring an attorney because these matters can be difficult when representing yourself. You can file a complaint for Divorce and also request that the Court make a decision regarding temporary custody and child support until the divorce is finalized. The Family Court does have a Self-Help Center. If you choose to hire counsel, we can discuss this matter further. We offer free consultations and walk-in appointments are welcome. Good luck.

Answer Applies to: Nevada
Replied: 11/3/2011

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First, you should know that as much as your husband threatens to take your son away, that's all they are: threats. The courts generally do not tend to take a child away from a custodial parent unless there are some special/extreme circumstances. Child custody issues are tricky to answer without knowing the full story, because every situation has its own unique set of circumstances. However, if you are worried that your husband will just come and take your son, then you should definitely consult a lawyer and file for custody.

Answer Applies to: New York
Replied: 11/3/2011

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You should be filing your divorce petition and a motion for custody.

Answer Applies to: California
Replied: 11/3/2011

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A divorce is started by the filing of a petition in district court in which you and your husband live. The divorce petition will contain provisions for establishing which parent the child will live with and what visitation will be and will also address child support. It takes a minimum of 60 days.

Answer Applies to: Kansas
Replied: 11/3/2011

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A mother and father have equal rights until a court says otherwise. So, for your first question, how can he do this, he just can. It does not matter that you think he is unfit, he is still the father and until a court deems him unfit, his rights are equal to yours, and vice versa. By the same token as his claim he will "take" the child, you can tell him good luck because you will not "let" him take the child. This is just what it is, claims and threats and neither is illegal or enforceable until a court says differently. The second part, your are thinking correctly, get orders from a court that can be enforced and make certain actions illegal (or at least contempt of court). Where do you live? Are you in the Dallas/North Dallas area? My office handles custody and divorce issues in Collin and Dallas Counties and I would appreciate the opportunity to discuss this with you. If you live elsewhere, you need local counsel and the sooner the better. Start the divorce process, get in control of your life before he tries to take control. Anytime I hear someone has "threatened to take a child" I know that person is using threats to gain a psychological advantage. Take that advantage away by putting a professional (a champion if you will) between you and the threat maker.

Answer Applies to: Texas
Replied: 11/3/2011

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Go to the court. File a petition for dissolution of marriage. Seek an ex parte order and temporary orders. Most courthouses have facilitators who can help. You can get the forms online.

Answer Applies to: Washington
Replied: 11/3/2011

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The problems isn't so much what rights you may or may not have. The problem is what can be enforced. That requires court action and court orders. So, you are on the right track with the idea that you need to get the divorce filed. The court, on a motion for temporary orders, can enter a temporary parenting plan that can create enforceable rights in both you and in the father. In terms of what the court Is going to order, I really couldn't say without knowing a lot more about your situation. One of the first choice that you are going to have to make is whether to try to do the divorce yourself or whether to hire an attorney. In simple, or agreed, divorces, people can and do handle their own divorces. However, since there are children involved in your case, and since it sounds like there are already disputes between the two of you over the child, you will probably need to hire an attorney.

Answer Applies to: Washington
Replied: 11/3/2011

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You can file a complaint for divorce with your local family court, requesting the custodial rights of your child therein (whether it be sole legal and physical, sole physical with joint legal, or joint legal and physical custody). You can also request alimony/maintenance payments, child support payments, and a division of the marital estate (including assets and debt).

Answer Applies to: Massachusetts
Replied: 11/3/2011

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You need to see a lawyer to find out how the law applies to you and how much a divore will cost. There are too many variables to give you a better answer since you included very few details in your query.

Answer Applies to: Florida
Replied: 11/3/2011

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I would suggest scheduling a consultation with a divorce lawyer in your area to learn more about your situation and how the divorce process works in your county.

Answer Applies to: Georgia
Replied: 11/3/2011

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You will need to hire an attorney to protect your rights in a divorce action. In a child custody action it is best to get legal advice and counsel to guide you through the process. During the process of divorce child custody will be determined.

Answer Applies to: Alabama
Replied: 11/3/2011

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Hire a lawyer. You have every right to full custody. This is the text of Ala. Code 30-2-1, which sets out the grounds for divorce in Alabama. 30-2-1. Grounds; generally(a) The circuit court has power to divorce persons from the bonds of matrimony, upon a complaint filed by one of the parties, entitled "In re the marriage of ........................ and ........................," for the causes following:(1) In favor of either party, when the other was, at the time of the marriage physically and incurably incapacitated from entering into the marriage state.(2) For adultery.(3) For voluntary abandonment from bed and board for one year next preceding the filing of the complaint.(4) Imprisonment in the penitentiary of this or any other state for two years, the sentence being for seven years or longer.(5) The commission of the crime against nature, whether with mankind or beast, either before or after marriage.(6) For becoming addicted after marriage to habitual drunkenness or to habitual use of opium, morphine, cocaine or other like drug.(7) Upon application of either the husband or wife, when the court is satisfied from all the testimony in the case that there exists such a complete incompatibility of temperament that the parties can no longer live together.(8) In favor of either party, when the other, after marriage, shall have been confined in a mental hospital for a period of five successive years, if such party from whom a divorce is sought is hopelessly and incurably insane at the time of the filing of the complaint; provided, however, that the superintendent of the mental hospital in which such person is confined shall make a certified statement, under oath, that it is his opinion and belief, after a complete and full study and examination of such person, that such person is hopelessly and incurably insane.(9) Upon application of either party, when the court finds there has been an irretrievable breakdown of the marriage and that further attempts at reconciliation are impractical or futile and not in the best interests of the parties or family.(10) In favor of the husband, when the wife was pregnant at the time of marriage, without his knowledge or agency.(11) In favor of either party to the marriage when the other has committed actual violence on his or her person, attended with danger to life or health, or when from his or her conduct there is reasonable apprehension of such violence.(12) In favor of the wife when the wife has lived, or shall have lived separate and apart from the bed and board of the husband for two years and without support from him for two years next preceding the filing of the complaint, and she has bona fide resided in this state during said period.(b) When a judgment of divorce is entered, in effect, it is awarded to both parties to the marriage.

Answer Applies to: Alabama
Replied: 11/2/2011

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You can either continue to not get a lawyer and be at serious risk of a bad outcome, or you can get a lawyer and protect you and the child.

Answer Applies to: Georgia
Replied: 11/2/2011

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You would have to file and fight for your rights.

Answer Applies to: New York
Replied: 11/2/2011

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