My husband very recently decided to leave the home, saying he is not willing to be responsible for the family anymore. He feels that he should be able to see the kids anytime he wants, but he has been abusive, and is an alcoholic. Is it legal for me to keep the kids away from him? And what about changing the locks on the doors since he still has keys and I doubt he will give them up?
2007-04-09 05:13:20 · 9 answers · asked by confused 1 in Family & Relationships ➔ Marriage & Divorce
You need to get a lawyer to help you sort through all this. In my opinion, the kids need to see their Daddy, but under better circumstances. If you deny them access to their Dad, it will come back to haunt you. I couldn't care less about HIM, but I DO care for your kids, and their welfare. Don't let him bully you, but when you get a lawyer, he will advise you on how, and when to let them visit.
2007-04-09 05:23:25 · answer #1 · answered by olderbutwiser 7 · 1⤊ 0⤋
Get a lawyer, sweetheart! I am in the same situation as you somewhat. My husband was emotionally and mentally abusive and he is not an alcoholic, but nonetheless, he figures he can waltz on out of our lives and pop in whenever he pleases! See about legal aide. They will be able to put some guidelines in place, such as a restraining order so that he cannot come and go as he pleases. See if you can get him visitations - supervised if you're worried about the children being safe with him - every 2nd weekend. And stick it to him. He made the children, he has to help support them! It is totally legal for you to keep the kids from him at this point because you haven't gotten any court orders in place yet. In fact, it may be better if you do because if you're worried he'll come and go as he pleases, he will be angry WHEN you change the locks (do change the locks - as soon as possible). See about legal aide. There are women's centres everywhere and they will be able to get you started. Good luck to you....it does get a bit easier.
2007-04-09 05:29:32 · answer #2 · answered by Shannon H 3 · 0⤊ 0⤋
File for a temporary custody and child support order. Tell your lawyer that he said he doesn't want to be responsible for the family (which includes the kids), but that he has the idea he can see them when he wants. Let the lawyer know of the abuse and the alcoholism. If you have proof, take it with you. Definitely change the locks. Good Luck.
2007-04-09 06:37:43 · answer #3 · answered by Anonymous · 0⤊ 0⤋
The question about seeing the children is more about what is most important for the children, not the law. You need to get children services involved. The solution may be supervised visits since he is abusive, if the children want to see him. You need to contact a lawyer to find out about changing the locks, in my state the home is his and yours (with both of you having a right to come and go as you please) until a property settlement agreement has been reached.
2007-04-09 05:45:38 · answer #4 · answered by Mike M. 5 · 0⤊ 0⤋
Yes, He has a legal right to see his kids. You can make visitation arrangements so that he can visit the kids. If you feel that he's a danger to the kids then you will have to go to court and have an order for supervised visits.
Once you give him at least 30days to get his things out of your home, you can change the locks
2007-04-09 05:25:14 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I know in Texas once a spouse abandons the home, he can not re-enter. So I would change the locks. As far as the kids go, I think this will end up being a court issue.
2007-04-09 05:25:02 · answer #6 · answered by PhantomRN 6 · 0⤊ 0⤋
You have to go through family court and prove what you are saying. If you don't then YES he can see them. Change the locks if he moves out, that IS your right.....
2007-04-09 05:53:35 · answer #7 · answered by kitkat 7 · 0⤊ 0⤋
You should sue him for child support. If your kids are not yet 18, you can get child support from your husband. Also you have to get something from a judge saying that its not ok for him to see his kids. Its a bunch of legal stuff.
2007-04-09 05:26:00 · answer #8 · answered by princessfufu4ya 3 · 0⤊ 0⤋
No it is ot legal for you to keep him from his children. He is entitled to visitiation with his children whether yOU like it or not. Yes you can change the locks on the house but you can not legally keep him from seeing his children.
2007-04-09 20:39:16 · answer #9 · answered by Anonymous · 0⤊ 0⤋