Can I make my husband move out if I want a separation?

[BEVERLYC]

I live in Texas. My husband and I have been married since 2002 and we purchased a home together in 2003 then had twins in 2004. I want a separation (tired of the mis-treatment and mental abuse he has inflicted on myself and my family) from my husband but I want to ask him to leave our home while we are separated. 2 questions:

1. I'm anticipating his refusal to leave our home - can I make him leave or will I have to find another place since I'm requesting the separation?

2. I'm also anticipating his refusal to let me leave with both our boys. In heated arguments in the past when I've threatened to leave, he wanted me to leave one child with him. I want both children to come with me - what does the law state with regard to this?

Thank you!

 

[JETX]

can I make him leave

No, you cannot force him to leave as he has the exact same rights to stay there as you do.

or will I have to find another place since I'm requesting the separation?

If that is your choice.

I'm also anticipating his refusal to let me leave with both our boys. In heated arguments in the past when I've threatened to leave, he wanted me to leave one child with him. I want both children to come with me - what does the law state with regard to this?

Again, since both have EQUAL parent rights, neither of you have the right to take custody of the children without a court order.

If you want to go through with this, I strongly suggest you talk with a local divorce attorney.

 

[LdiJ]

I live in Texas. My husband and I have been married since 2002 and we purchased a home together in 2003 then had twins in 2004. I want a separation (tired of the mis-treatment and mental abuse he has inflicted on myself and my family) from my husband but I want to ask him to leave our home while we are separated. 2 questions:

1. I'm anticipating his refusal to leave our home - can I make him leave or will I have to find another place since I'm requesting the separation?

2. I'm also anticipating his refusal to let me leave with both our boys. In heated arguments in the past when I've threatened to leave, he wanted me to leave one child with him. I want both children to come with me - what does the law state with regard to this?

Thank you!

Hon...get yourself a consult with a local attorney. You don't necessarily have to hire one but at least consult with one. NEVER EVER leave your home or your children unless a court orders you to do so.

 

[badd2323]

As stated above, you both currently have equal rights to both the house and the children. In the end, one of you will get the house or be forced to sell it. Your Attorney will most likely advise you to try for joint legal and sole physical custody of the children. It is their job to protect your best interests. However, as an adult and a mother it is your responsibility to protect your childrens best interests. This, in most cases does not mean turning their father into a ATM machine, it means equally sharing in their lives and bringing them up in a peaceful enviornment. Teaching them how true adults put aside their selfish ways and distain for the other parent for the good of the children. Children deserve to be happy and not to have to choose sides when it comes to their mothers and fathers. Divorce is a terrible, nasty situation, unfortunatly most adults can't see through the anger, the hurt, and the selfisness to focus on what is most important.