Forced to Leave Without Child

[akalatheory]

What is the name of your state (only U.S. law)? Illinois

Ok here's the deal. My husband and myself are still married though I expect this to change relatively soon. I have a 9 year old daughter with him, and a 1.5 year old with someone else. Well, I'm not on the lease where he and I are living; only he and our 9 year old are. He is demanding I move out by November 30th without the 9 year old. My question is, will this cause me to potentially lose custody of the 9 year old? He and I agreed if anything were to happen that the 9 year old stay with him and I take any other children, but I still don't want to potentially lose all rights to her or be slapped with a child abandonment charge or anything like that.

 

[Zigner]

He can't force you to move out of the marital home.

 

[akalatheory]

He can't force you to move out of the marital home.

But I'm not on the lease for the apartment at all and haven't 'paid rent'. I've been told the opposite by many people, although none of them lawyers. I'm a bit confused now, so please forgive me.

 

[single317dad]

But I'm not on the lease for the apartment at all and haven't 'paid rent'. I've been told the opposite by many people, although none of them lawyers. I'm a bit confused now, so please forgive me.

You still have to be evicted or otherwise ordered by a judge to vacate the marital home. Leaving without your child may give your husband an advantage as far as gaining primary physical custody if he's the child's primary caretaker (even that's not a given with as little information as we have here), but it's not abandonment and you won't lose parental rights.

 

[LdiJ]

But I'm not on the lease for the apartment at all and haven't 'paid rent'. I've been told the opposite by many people, although none of them lawyers. I'm a bit confused now, so please forgive me.

That is completely irrelevant. It is still the marital home and you may continue to reside there until a judge tells you differently. He cannot throw you out or evict you without the judge in your divorce case granting him exclusive use of the home.

 

[akalatheory]

Thank you guys, that was helpful and informative. Another related question; would the parameters change regarding child abandonment if I ended up moving to Iowa (which is only about 30 minutes away from me)?

 

[Silverplum]

Thank you guys, that was helpful and informative. Another related question; would the parameters change regarding child abandonment if I ended up moving to Iowa (which is only about 30 minutes away from me)?

No.

Think about it: somebody has to move out of the home to end the marriage.

 

[single317dad]

Leaving a child with one of his parents is not abandonment (though that is the prevailing opinion among those uneducated about the law).

 

[Zigner]

Leaving a child with one of his parents is not abandonment (though that is the prevailing opinion among those uneducated about the law).

But it CAN go towards establishing a status quo of the remaining parent being the custodial parent.

 

[BL]

Depending on your State's LL/Tenant Laws , a spouse may be allowed as an occupant.

Who says if your spouse is not around ,you can not take the 9 yr. old ?

I wouldn't move out of State though or too far .

 

[single317dad]

But it CAN go towards establishing a status quo of the remaining parent being the custodial parent.

You're absolutely correct, which is why I mentioned that in post #4

Great minds

 

[akalatheory]

Primary physical custody is something I had already assumed, and that is something he and I had already spoken about. I just needed to make sure that he couldn't successfully claim abandonment or take complete custody from me. I needed to seek some advice on this before anything happened. I had another question too, though I'll have to ask it later cause I don't recall what it was right off hand.