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Planning a separation such that I can take child with me

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aayi2008

Junior Member
South Carolina: My spouse and I have bad fights sometimes which I feel could have a bad effect on my baby boy when he grows up. I have asked my spouse to take marriage counselling with me. But he is not interested. He feels that such fights are normal in marriages. I feel that if things do not improve it would be best to separate temporarily... not with the intention of divorce but with the hope that it sends the message across to my spouse that I am serious about my need for the fights to stop. The fights have sometimes ( though not too often ) resulted in shoving ( ie gotten a little physical ). I feel that if he does not attend counselling or does not improve in the next few months, then I would like to take my son and move to an apartment. Since my spouse loves my son very much, I am ok with him coming over to my apartment and meeting my son .. maybe even staying over sometimes if he likes and having my son stay over sometimes with him. Basically am looking for the separation to be amicable and least stressful for my son and for my spouse and me. My husband is not interested in a separation either... ie he is not interested in counselling and neither in a temporary separation. I however, really do not wish to continue like this.. 3 yrs of terrible fights are enough for me !!!!! What shd I do ? If I take my son and leave without my husband's permission can I face any legal charges ? Please advice. Thanks in advance for your time and help.
 


LdiJ

Senior Member
South Carolina: My spouse and I have bad fights sometimes which I feel could have a bad effect on my baby boy when he grows up. I have asked my spouse to take marriage counselling with me. But he is not interested. He feels that such fights are normal in marriages. I feel that if things do not improve it would be best to separate temporarily... not with the intention of divorce but with the hope that it sends the message across to my spouse that I am serious about my need for the fights to stop. The fights have sometimes ( though not too often ) resulted in shoving ( ie gotten a little physical ). I feel that if he does not attend counselling or does not improve in the next few months, then I would like to take my son and move to an apartment. Since my spouse loves my son very much, I am ok with him coming over to my apartment and meeting my son .. maybe even staying over sometimes if he likes and having my son stay over sometimes with him. Basically am looking for the separation to be amicable and least stressful for my son and for my spouse and me. My husband is not interested in a separation either... ie he is not interested in counselling and neither in a temporary separation. I however, really do not wish to continue like this.. 3 yrs of terrible fights are enough for me !!!!! What shd I do ? If I take my son and leave without my husband's permission can I face any legal charges ? Please advice. Thanks in advance for your time and help.
You cannot face any legal charges whatsoever if you leave and take your son with you. You do not need your husband's permission to move out with your son.

However, your husband also has the same rights, therefore, your husband could take your child to visit overnight and refuse to return the child to you, and he would also face no legal charges.

If you are serious about this, then custody of the child really would need to be established with the courts, even if you do not intend to divorce. You do not have to file for divorce to establish legal custody.
 

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