Legal Question in Family Law in Maryland

Turmoil

I am considering leaving my husband on basis of constructive desertion. I would love to stay in marital house w/10 yr old son to maintain stabile life for him (we've lived here for 7 years), but husband refuses to leave. We cannot get along at all lately and it is getting to the level of verbal abuse. My concern is my 10 yr old son. He wants to stay in his home with both parents obviously, what child doesn't want that? In the event of a divorce, I would prefer full custody w/visitation and would like a shot at keeping the marital home. I do not want to disrupt my son's life any more than need be by taking him from his home. The problem....If I leave to remove myself from the battle w/husband, but leave son in home and have contact everyday (as I take him to school and would be with him after school as well - just not sleeping in house), would that have a negative impact on me trying to get custody later on during a divorce? Or should I just take my son and leave? I want to do what's best for my child first and foremost. But I don't want to make a poor choice either, especially one that will have a negative outcome for my son or myself.


Asked on 4/07/08, 10:54 pm

1 Answer from Attorneys

Turmoil

If the house is in both your names, and if you leave your husband, take your son, file for immediate divorce, ask for use of the house. The Court can grant use of the house to the person who has the children.

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Answered on 4/08/08, 10:14 am


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