Legal Question in Family Law in Minnesota
I have been married 6 mo., wife pregnent 2 mo., she has thrown me out(for no real reason), I have left due to verbal abuse, have been living back with her for 1 week. She keeps telling me to leave, she hates me, will not work on our marrige, we have seen a counciler but she will not listen. If i move out does it hurt me as far as custody of unborn child?
1 Answer from Attorneys
This is a difficult question, that cannot be answered with more facts. However, as a practical matter, whether you live together or not at the time the child is born, you will very likely (depending on the circumstances) get joint legal custody and have parenting time of some sort. You do not have to live together at the time of birth to have custody rights. You would obviously have a better case if you remained in the home and participated in caring for and raising the child before a divorce started. If that is not possible, then you should be prepared to start a custody proceeding soon after the child is born, and be prepared to get involved in his or her care.
You may contact my office if you further questions.
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