Legal Question in Family Law in Maine
I have left my husband and took the children with me. What are my legal rights to keeping the children from him, untill we have a writen agreement?
1 Answer from Attorneys
You and your husband have equal rights under the law to your children. Therefore, he has the same right to see (and keep) the children as you do until there is a court order saying otherwise. It is never a good idea to keep the children from the other parent during a separation unless there are issues of safety or abuse between the parent and the children (or a potential flight risk). Also, you have to consider whether or not the court will look at your situation as you trying to obtain primary residence of the children before the court has made a decision. I do not know enough about your situation to advise you either way. The only thing I can do is tell you the factors that the court will consider when they make an interim order in your divorce case.