I don’t want to leave the marital home so how can I keep my wife from moving our child out?

Question:

My divorce attorney has advised me not to let my spouse take our daughter from our marital home to where she is now living until after child custody has been awarded, but to tell my wife she can visit our child at our home while I live there. How can I stop her from removing our daughter from our home?

 

Answer:

First let me preface my answer by stating that I am not licensed in the state of Alabama and you should always seek the advice of counsel prior to taking any action in your jurisdiction.

Generally speaking, it is generally a good idea for any father to try to maintain the parental relationship by staying in the home with the child. Sometimes this can be a challenge, especially if one party states that they are leaving with the child. If you have already started the divorce process you could ask the Court to enter a temporary order that prevents the removal of the child from the marital residence and this would provide you some protection.

If there is no order of the Court then you and your wife have equal rights to the child and it is very difficult to get the police involved in incidents where both parties want the child.

Jason Bowman is an attorney in the Louisville, Kentucky office of Cordell & Cordell, P.C. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.

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