What happens if he refuses to leave? HELP

[juswunderin]

What is the name of your state?I reside in Louisiana. I am contemplating asking my husband to leave as I think our marriage needs some time apart. We have been married for 17 years, three children, 16, 12 and 10. When I ask him to leave, I can almost bet he will say, "If you are THAT unhappy and want a separation, then YOU pack YOUR bags and go." What if he won't leave? I don't want to interrupt my children's lives and I do far more for them than he does. I want them to remain in the house with me. If he won't leave, and I am forced to do so for awhile, could I be cited for abandonment (of my children)? PLEASE help as I need some answers!!

[VeronicaGia]

Originally Posted by juswunderin

What is the name of your state?I reside in Louisiana. I am contemplating asking my husband to leave as I think our marriage needs some time apart. We have been married for 17 years, three children, 16, 12 and 10. When I ask him to leave, I can almost bet he will say, "If you are THAT unhappy and want a separation, then YOU pack YOUR bags and go." What if he won't leave? I don't want to interrupt my children's lives and I do far more for them than he does. I want them to remain in the house with me. If he won't leave, and I am forced to do so for awhile, could I be cited for abandonment (of my children)? PLEASE help as I need some answers!!

Neither of you can force the other to leave. Only a judge can do that.

[LdiJ]

Originally Posted by juswunderin

What is the name of your state?I reside in Louisiana. I am contemplating asking my husband to leave as I think our marriage needs some time apart. We have been married for 17 years, three children, 16, 12 and 10. When I ask him to leave, I can almost bet he will say, "If you are THAT unhappy and want a separation, then YOU pack YOUR bags and go." What if he won't leave? I don't want to interrupt my children's lives and I do far more for them than he does. I want them to remain in the house with me. If he won't leave, and I am forced to do so for awhile, could I be cited for abandonment (of my children)? PLEASE help as I need some answers!!

You should NEVER leave your children. It is the wrong strategic move....and although it wouldn't be treated as abandonment, it could cost you primary custody.

[nextwife]

And maybe HE'D like the children to remain with him?

I realize you want "out" of the relationship. but that does not remove either of your rights to joint property or to live in the same household with your kids. You BOTH are, and will continue to be, the parents of the kids, regardless of whether you still want him as a husband.

Only a judge can decide that one of you must leave, or that one is entitled to custody. Unless he agrees to go on his own, he has the same right to reside in jt. property, and the same rights to want to continue living with his kids.

[JAKES_MOM]

Absolutely DO NOT leave the house. It cost me primary custody!! I left and took my son with me because of verbal and emotional abuse. I did it upon the advice of a domestic violence counselor and my own psychologist. I knew that staying after I filed would be horrendous. But, ultimately the judge and evaluator thought it was too disruptive for my son (even though he had adjusted well to the new apartment and school) and sent him back and now his dad has primary custody. Unfortunately even though I asked my lawyer beforehand, she did not warn me of the damage it would do to my case. Have your lawyer file immediately for exclusive use of the house if possible and make the judge kick him out. Otherwise, you'll just have to tough it out and hope he does something stupid.