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  1. #1
    Join Date
    May 2008
    Posts
    21

    Default Separation And Custody

    My question involves a child custody case from the State of: Michigan

    My husband asked me Tuesday evening for a temporary separation. We have been married for 12 years and have two children, ages 9 and 6. He expects that he will move in with his parents for no more than 6 months and I should move in with my parents for the same length of time. I have no idea what all I have rights to, what I should do, or how to go about it all.

    I have not been employed for a good 7 years at his insistence so that I could stay home and raise the children (one child has autism and has been homeschooled for 3 years). Now he tells me that he should take both children because he has childcare lined up and this would be my opportunity to get a job and would help me not to have to worry about childcare.

    He also insists that neither of us can remain in the house. If one should stay in the house, they could declare abandonment after a week's absence by the other spouse. Or so he tells me. He also told me that he would allow me to take one child with me, because if he took both that I would forfeit my parental rights.

    I do not want to file for separation, as I very much hope to work things out over the next few months. It's just a very hard situation in many ways, and I'm trying to work through this accurately as possible. Thank you.

  2. #2
    Join Date
    Jan 2008
    Posts
    1,948

    Thumbs down Re: Separation

    I suggest you call your state's bar association and set up a few free consultations with family law attorneys.
    I would not take your husband's word on anything!

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Separation

    Your husband is full of (rhymes with) it. Talk to your own lawyer.

  4. #4
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Separation

    Quote Quoting aaron
    View Post
    Your husband is full of (rhymes with) it. Talk to your own lawyer.
    Agreed.

    This would be laughable if there weren't children involved.

    Stay in the house. Keep the children. Both of them. Get an attorney.

  5. #5
    Join Date
    May 2008
    Posts
    582

    Default Re: Separation

    Get an attorney today that specializes in family law. That is who you need to listen to until this matter is resolved with the court. He is selling you a story and you are going to get burned.

  6. #6
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Separation And Custody

    Sharissa, he has lied so much, I don't know where to start.

    Firstly, DO NOT leave your house. Going away for a week or so is fine. Leaving it for 6 months because your husband wants the upper hand? Not so much. (Do read the entirety of that FAQ.)

    Letting him take the kids? Does NOT terminate your parental rights. Only a judge can do that, and it has to be for some pretty serious reasons. (Do note that leaving them with the other parent during a separation is not on the list of things the judge will terminate rights for. There is no automatic forfeiture.)

    Even so, do not let him take the children, and do not let him split them up. For one thing, it will severely interfere with your autistic child's sense of order and cause him undue distress.

    As other posters have noted, what you really need is an attorney. Call the Michigan State Bar Association referral service and get yourself set up to talk to someone who can inform you of your rights in detail. You may end up needing several referrals before you find one who will be willing to help on a sliding scale basis, but making the calls is well worth your while - $20 lawyer visits are your friend.

    You are in opposition of someone who is LYING to you. Don't put up with that. Fight back.

    If you post your county, we can fish out some local resources for you as well.

    Be tough, hang in there. It's a scary, upsetting thing to go through, but you can and will come out whole on the other side.

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