Do I have to stay?

[Charlee GW]

What is the name of your state? Michigan

I want to file for divorce and my husband says he doesn't want a divorce. We have two children 6 & 10. I am not interested in the house but would want custody of the children. if I suspect an unstable situation when he gats served can I move out with the children and live with my parents indefinitely or do I have to stay and weather the storm?What is the name of your state?

 

[Ohiogal]

Be prepared if you move out for him to go to court and get a court order requiring the return of the children and not allowing them to be uprooted.

 

[TinkerBelleLuvr]

If you file for divorce with temporary custody and the STBX also files for custody, they will order an evaluation. If there is NO history of DV, yes, they can have the two of you still 'living' together until custody can be determined.

 

[CourtClerk]

If you file for divorce with temporary custody and the STBX also files for custody, they will order an evaluation. If there is NO history of DV, yes, they can have the two of you still 'living' together until custody can be determined.

They don't have to live together, even pending an investigation. The OP just shouldn't plan on going too far with the kids. No judge will make the OP stay in the house if he/she doesn't want to.

 

[Charlee GW]

Unstable Situation

The unstable situation that I was referring to has to do with his history of throwing/hitting objests and foul language without reguards for the children. All of this complicated by the fact that he has many automatic weapons, not that I think he would use them, but it is a concern.

 

[mistoffolees]

The unstable situation that I was referring to has to do with his history of throwing/hitting objests and foul language without reguards for the children. All of this complicated by the fact that he has many automatic weapons, not that I think he would use them, but it is a concern.

Talk with your attorney about requesting an emergency hearing for custody.

Is his history of throwing or hitting objects documented by a third party?

 

[Ohiogal]

The unstable situation that I was referring to has to do with his history of throwing/hitting objests and foul language without reguards for the children. All of this complicated by the fact that he has many automatic weapons, not that I think he would use them, but it is a concern.

Where does YOUR instability come into the mix? Are you lying in this thread or not? Apparently dad got custody, didn't he?