i would take our child, both my husband and my name are on the house deed, just wanting to leave for a while and cool off, he refuses to leave, what should i do the child is 11 and my husband adopted him when we got married , he was mine from a previous relationship
2006-09-26 16:34:04 · 10 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
It breaks my heart to hear your situation, I hope both of you will think back and calm down to protect your lovely net, he refuses to leave because he loves your net, he still loves you and your kid. Home sweet home, don't let small mistake ruins your happiness, your husband wants to protect your future, so move to another room to calm down and everything will be all right, please
2006-09-26 17:21:21 · answer #1 · answered by Neighbour 5 · 0⤊ 0⤋
No, it's not abandonment if you are taking the child with you. Even if he's adopted that child. In the courts eyes, he is the legal father, but as his mother, you have the right to take him with you if you choose to do so. If your husband contests, he'll have to file a motion through the court system. If you are worried about abandoning the property, don't be, you haven't abandoned that either. Almost every state is 50/50 on the division of marital property, so you shouldn't lose out on anything more than a deduction, in the mortgage payments he makes while you are gone, from your share of the equity.
2006-09-26 23:39:56 · answer #2 · answered by Hollynfaith 6 · 0⤊ 1⤋
Depending on the state you live in, this could be tricky if you stay gone too long. if you need to leave for awhile to cool off,take your child, leave hubby a note, make sure you still handle your responsiblity to the home though if you stay gone awhile and are planning to go back. if divorce happens to pop up that may become an issue. Abandonement usually means that you just up and left all your responsibilities to the other spouse without no warning or reasoning for your actions. watch out on how many times you decide to keep leaving and coming back too, for other issues may arise on your emotional/mental state if divorce becomes an issue.make a log of all conversations between the two while you are gone.sooner or later your husband is gonna get tired of the routine and come to his own decision, so if he's worth you going back to, then he's worth you trying marriage counseling to keep your marriage.
2006-09-27 00:36:39 · answer #3 · answered by keepnitreal 1 · 0⤊ 0⤋
Why don't you take a mom leave and take a week long vacation. Your son is already a product of a broken home. Don't put him through it again if it's only temporary. You are going to teach your son that it's ok to run away from your problems. Take a week or two vacation with some girlfriends and go to Jamaica... relax and have fun. Then come home to your husband and child and start over.
2006-09-26 23:37:58 · answer #4 · answered by Anonymous · 0⤊ 0⤋
In my state, Kentucky, that would be abandonment and if it went to divorce he would likely get the house and almost everything in it. My husband and I had problems last year and that was a decision I had to make. Advice from a lawyer was to stay at the house if I wanted it in the case of divorce. Thankfully we worked things out.
2006-09-26 23:38:40 · answer #5 · answered by Anonymous · 1⤊ 0⤋
No, it's not abandonment, especially if you're taking your child with you. Your husband is a big boy now, he should be able to take care of himself.
It is simply staying somewhere else for a while, and there's nothing wrong with it.
Good luck!
2006-09-26 23:58:43 · answer #6 · answered by Bachman-ette 4 · 0⤊ 0⤋
First of all you are unreasonable in asking him to leave the family house. Second of all he can't be all that bad if he adopted another mans child. How long does it take you cool down anyways? Just because you are all upset you should not disrupt your child's life. He wants to sleep in his own bed. If you want to leave. Leave him with his dad.
Oh you are the same broad with the knocked up crazy daughter... you are really stupid if you break up your marriage over her sorry butt.
2006-09-26 23:43:29 · answer #7 · answered by lily 6 · 0⤊ 0⤋
The only one you would be abandoning is your husband. Is he hitting you? If he is please get some help! Call the police, talk to a lawyer. If your taking you kid with you they can't consider that abandonment. Call a lawyer and see what they say. They should be able to tell you for sure if it is or is not. Good Luck!
2006-09-26 23:48:24 · answer #8 · answered by ajsad36 2 · 0⤊ 0⤋
Don't remove all your belongings.
Move to another room in the house...that way, you can be "seperated" but not abandoning your property.
2006-09-26 23:52:22 · answer #9 · answered by Anonymous · 0⤊ 0⤋
YOU CAN LEAVE IF THAT IS WHAT YOU WANT TO.THERE IS NO REASON WHY HE SHOULD.AS FOR THE BOY HE IS LEGALLY HIS TO.THERE IS NOTHING YOU WILL DO THAT WOULD CHANGE THAT.HOWEVER MY MOTHER IN LAW ONCE ADVISED HER DAUGHTER NOT TO LEAVE HER MARITAL HOME IF SHE IS NOT SURE SHE WANTS TO END HER MARRIAGE.ARE YOU SURE YOU WANT TO?YOU ARE ABANDONING YOUR HUSBAND
2006-09-26 23:42:22 · answer #10 · answered by miraclehand2020 5 · 1⤊ 0⤋