what are my rights?

What is the name of your state (only U.S. law)? Tennessee
My father in law owns our house, my husband pays him. We have a child and last night my husband told me when he returns from his trip to Mexico (for wrk) that I can find somewhere to live. This is after a huge fight. Later in the arguement he told me he didnt care if I died tomorrow and this was in front of our son. I have been mentally abused for a few yrs now but that comment did it. So what are my options? Do I stay or do I leave this home w/ my son?

ndv101 said:

What is the name of your state (only U.S. law)? Tennessee
My father in law owns our house, my husband pays him. We have a child and last night my husband told me when he returns from his trip to Mexico (for wrk) that I can find somewhere to live. This is after a huge fight. Later in the arguement he told me he didnt care if I died tomorrow and this was in front of our son. I have been mentally abused for a few yrs now but that comment did it. So what are my options? Do I stay or do I leave this home w/ my son?

Click to expand...

You can leave with your son, or you can stay until a court orders you to leave.

If you leave without your son, that can harm your chances at custody later on so weigh everything very carefully.

Do you have anywhere else to go?

Proserpina said:

You can leave with your son, or you can stay until a court orders you to leave.

If you leave without your son, that can harm your chances at custody later on so weigh everything very carefully.

Do you have anywhere else to go?

Click to expand...

To amplify, it's the marital home - so you have as much right to live there as your husband. His father can not remove you without going through a formal eviction process. Your husband can't remove you until a court orders you to leave (or vice versa, but that's not going to happen since his father owns the home).

One other scenario to consider - if you leave without the son, your chances for custody can be harmed. If you leave WITH the son, your husband could get a court order demanding that the son be returned to his home. Therefore, I would do NOTHING until you have a chance to talk with an attorney.

In our case, I stayed in the home until we had an agreement on how we were going to handle custody and submitted it to the court as temporary orders. Your attorney may suggest something similar.

mistoffolees said:

To amplify, it's the marital home - so you have as much right to live there as your husband. His father can not remove you without going through a formal eviction process. Your husband can't remove you until a court orders you to leave (or vice versa, but that's not going to happen since his father owns the home).

One other scenario to consider - if you leave without the son, your chances for custody can be harmed. If you leave WITH the son, your husband could get a court order demanding that the son be returned to his home. Therefore, I would do NOTHING until you have a chance to talk with an attorney.

In our case, I stayed in the home until we had an agreement on how we were going to handle custody and submitted it to the court as temporary orders. Your attorney may suggest something similar.

Click to expand...

The bolded is not very likely unless you leave the actual area.

LdiJ said:

The bolded is not very likely unless you leave the actual area.

Click to expand...

It's impossible to say what a particular judge might rule. If Mom and Dad are both fit and spend equal time caring for the child, the judge might easily rule that it's better for the child to at least stay in the surroundings he's familiar with.

In any event, it's a risk that must be considered.