Legal Question in Family Law in Minnesota
Leaving child with spouse to seek divorce
My spouse refuses to leave our homestead. He says I should leave. I consider myself the primary caretaker and pay all the household bills. I fear if I remove the child from our home he will become violent. I really do not want to seek a protection order since he has not physically abused me. He mentally and emotionally abuses me. I am not concerned about the safety of our child in his care. I just need to get away to seek a temporary custody order and inquire about divorce issues. I would like this to be amiacable. Can I leave our child with him for a few days without it harming my seeking full custody? I am afraid to change the locks and throw him out. I do not know if he will become physically violent. He has only been verbally threatening so far. Any advice, other then to stay in the homestead, any longer would be appreciated. Thanks
1 Answer from Attorneys
Re: Leaving child with spouse to seek divorce
Leaving the homestead is not advisale and may affect your ability to re-enter the home and your custody case. The home is likely to be considered a point of stabllity for the childen since it is the residence where they were raised and that stability is important in this difficult time. As a result if you move out, you have demonstrated to the Court that you are able to do so and Court's have a habit of preserving the Status Quo.
You should file for divorce and/or legal separation and negotiate who remains in the home. If that cannot be agreed upon, you may schedule a temporary hearing to resolve that and other financial issues.
For a consultation call us at 952.746.2153 or visit http://www.divorceprofessionals.com
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