I am Uncomfortable With Father's Living Situation...Can I Legally Do Something About it Before Custody Arrangements Are Made?

User - posted on 08/12/2012 ( 2 moms have responded )

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I have a question. My husband just recently filed for divorce. We have no custody agreements on record and have not seen a judge about it yet. I am living in the residence we shared with our two year old son, and my husband moved out into a residence with a friend that I am not comfortable having my son stay at, nor do I know the people who live there. The friend is a prior criminal with a current bench warrant, the residence is in a very run-down trailer park that has a record of raids and drug problems, and I recently discovered that there is a registered sex offender at the residence RIGHT NEXT DOOR. Not to mention that the father will not allow me to view the residence, drop the child off there, or pick him up from there. He insists on taking our son there to stay when in his care, and I told him I am not comfortable with that. He is choosing to stay there as well - he has many family members in the area that would be happy to let him stay there, even if its just when he has our son with him. I do not want to keep my son and his father apart, and as long as he is residing in a place that I am comfortable with there is no issue. But if he will not agree to that, is there any legal way I can keep my son from having to stay there when in his father's care until we have a custody hearing? Thank you.

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User - posted on 08/12/2012

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Okay thank you....last week during the days he had our son i was under the impression that he was staying with family (whom i know, and that both my son and i are comfortable with). i found out a few days ago that he was actually having my son stay there with him - when i asked to pick my son up from there he refused to tell me where the residence was, and told me that he would bring him to my sister-in-laws so i could get him from there. during this exchange, he told me the address before he got in the car to leave. this is how i was able to find out about the registered criminals in the neighborhood...but he threatens me about coming over there to either pick up or drop off the child. this does not sit well with me.

Dove - posted on 08/12/2012

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There is no custody order yet, so you both have equal rights to your son. Meaning... you don't have to let his father take him anywhere and if his father has him... he doesn't have to give him back to you. Personally, if this were MY situation.... I would be more than willing to let the father see him in my presence, but would not allow the father to take him ANYWHERE considering the current living situation. I'd also be going down to the court house first thing Monday morning and filing for emergency temporary custody and see if you can have a stipulation put in about where the father can and can not take his son.

If the place is one that he won't 'let' you pick up your son or drop him off at, but he's willing to have his son SLEEP there... that just doesn't make sense. Do you have the address?

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