Legal Question in Family Law in Trinidad and Tobago
this year will make it 4yrs since I've been seperated from my husband however on the 1st December, 2009 I had a baby for the guy that I've been dating well this cause a problem if i wanted to divorce my husband? My husband and I have a son together and he doesnt maintain his child if am to request for him to pay maintaince through the court and not allow his son to visit him because of his background behave for drugs, kidnapping etc well the court allow this?
1 Answer from Attorneys
Your husband's life style and behaviour are factors that will be taken into account in the court's decision on the access (if any) he should be granted to his son. The court considers that access to a parent is a right of the child. The court does not permit one parent to deny the other access.
Unless your husband consents to the divorce, your behaviour and his that led to the breakdown of the marraige are matters that the court may have to consider. However if you have been seperated for 5 years you do not need your husband's consent to a divorce.
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