Long story, short version. Husband & I agree to separate. I move out w/my 2yr old daughter. One month later I am handed papers re:divorce, custody, claiming abandonment. Nothing has been ordered to date, however I had agreed to time sharing, if you will, with my daughter, this has changed several times over the last 6months (3days on 3 days off/ 5 days on 5 days off ect). My main question is am I obligated to continue this routine? My daughter has struggled w/the arrangement from day one, I have been her primary care giver since she was born, a stay at home mom who worked part time for a short period otherwise I have been the one 24/7 who cared for her needs. Please advise am I legally obligated to continue this schedule? Thanks for your time.
In the absence of a court order you both have equal access to the child. If you unreasonably withhold her from him without justification it will not look good if he files for custody.