(Greatly trimmed down to avoid spouse finding this)
My wife disappeared with our child. Atty is recommending (among other things), the following:
- Change the locks, NOW
- If she comes back, do NOT let her leave again with the kid.
Thank you so much!
I agree with your attorney 100%. You need to take these actions to protect yourself and your child. You can always soften your position if she comes to her senses down the road.
The divorce from bed and board will enable you to ensure your wife does not come back to the house claiming she never left, only to take off again. You also will need to initiate your support claims to ensure you can provide a proper home for your baby.
Change the locks. She has abandoned the home, it is perfectly legal to bar her from returning. You do not have to let her back in. Your attorney can provide you with a copy of the Domestic Criminal Trespass statue that you can show the police if she calls them to assist her re-entry.
Filing for emergency custody will enable you to get an order entered quickly so you can avoid confrontations with her.
Thank you for the fast reply. I don’t disagree with any of it, my question is more about the timing.
Is it legal for me to change the locks and prohibit her from entering BEFORE the court rules on these complaints without fear of having a complaint filed against me for putting her on the street?
Also, any suggestions on actions that I can take (again, BEFORE receiving an answer from the court) to legally keep her out, and more importantly (to me) keep the child with me, should she show up?
Thanks again!
Emergency custody should be heard the day the papers are filed. The return hearing (in which your ex will participate) is normally 10 days later.
You may change the locks now, before the court enters any orders.