I am giving temp custody of oldest son to his dad but need something in writing so I can get him back?

Question

He is going to live with him for about 3 months until I can save up to move to the same state. (my son has a disability and I need to work but no daycares will take him...plus I need a little break) So he is going to California to stay with my "still legal husband" but we are sperated. Then the husband is saying once I get there he wants my oldest son to continue to live with him...and I don't want that. He needs to be with me and his younger brother...you can't raise children seperately!! (both kids are with the same husband but my youngest is normal and can go to day care so I can work) Sorry this is so long/ I need to know if anyone has clues on what kind of court doc I need to obtain so that I won't have issues when I move to Cali etc...thanks

Answer 1

if you are seperated but havent gone to court over custody then its simply a mutual agreement between you . You could get him to sign something written where he agrees that the change is temporary.

I think you need to sort out whats best for the child . You have problems with working and caring for him . Your husband doesnt so he might be better off with your husband.

You can raise children seperately, particularly if one is severly disabled.

Your husband could start custody hearings at any time if he is unhappy with the arrangements now. By having your husband take the child you are admitting you cant cope with his care .

Answer 2

You need to see an attorney that specializes in Family Law.
If you can't afford one, call the Universities in your city and call the Law School and ask if they can take your case for free."