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if my spouse has been arrested

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sipyall

Junior Member
What is the name of your state? I live in Maryland, If my spouse has been arrested for drug possession can I have her removed from our apartment. In other words I want to seperate but she will not leave and I dont trust her to take care of our son alone considering what has happened.
 


mistoffolees

Senior Member
What is the name of your state? I live in Maryland, If my spouse has been arrested for drug possession can I have her removed from our apartment. In other words I want to seperate but she will not leave and I dont trust her to take care of our son alone considering what has happened.
There are so many issues here, you should really consult a local attorney ASAP. Just a few of the issues involved: safety of your child, child custody, your own safety, your own ability to be arrested for possession if the police come to your apartment, destruction of the apartment if she comes in under the influence.

The one thing I would NOT do is delay.
 

LdiJ

Senior Member
What is the name of your state? I live in Maryland, If my spouse has been arrested for drug possession can I have her removed from our apartment. In other words I want to seperate but she will not leave and I dont trust her to take care of our son alone considering what has happened.
She doesn't have to leave until a judge orders her to leave. In addition, a possession charge does not ensure that she will not be given primary custody of the child. A conviction certainly wouldn't be in her favor, but she hasn't been convicted yet.

You need to get the ball rolling in court for a legal separation/divorce and sole possession of the marital home, as well as primary custody of the child.
 

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