Several separation questions


#1

Husband wants separation . Presented me with his separation agreement stating he wants the house . Note is in my name Deed in both .He wants nme to move out and turn deed over to him and he will refi . He cannot afford to .
He wants primary care of our son and child support . amongst others
I have been advised to not move out of home . I want primary care of son . he does not even feed him half the time nor maintain any type of schedule I am broke and cannot afford a retainer . his attorney is contacting me and I am not ready to mediate nor do I want to alone with him and his attorney I am not ready to make any of these decisions and am still seeking info o prepare and trying to find some legal assistance .
i am afraid I will come home and he will of moved out with son . Can he ?
Can any type of custody be put in place while we are still cohabitating to prevent this ?
he is not paying any bills . Can he be made to ? His name is on all utilities including my business line which I cannot get released unless i pay past due amount .
He is not giving any monies towards son’s outside activities ie boy scouts He does provide healthcare Can he be made to ?
He is hiding income . Should i go take pictures of him working ?
He will not talk to me .
What are examples of idignities that a judge would rule in favor of how far back can one go to prove this ? Obviously we were arguing before he moved into the other room . but have only had one argument since because he would not pay bills .


#2

He can move out of the home, and take the child, so long has he tells you where he is going and allows you access to your child. Until an agreement or court order is in place, you have equal rights to your son.

You must be living separate and apart in order for an agreement to be valid, but may sign an agreement just prior to one of you moving out.

If he is not paying the bills, you should seek and order for divorce from bed and board based on his failure to support you, seek possession of the home, temporary support, insurance, and temporary custody.

It is not necessary to take pictures of him working.


#3

. what type of costs am I looking at for this ? This is litigation correct ?
I am broke credit is shot and I am paying all of the bills .
Can I sue for custody and support while we are still in same house to prevent him fleeing ?


#4

Yes, an action for divorce from bed and board is litigation. The costs for litigation depend on a multitude of factors, including the complexity of the case, and if and when the case settles at some point before hearings on all issues are set. You may be entitled to seek an award of attorney’s fees for certain issues from your spouse, depending on your individual circumstances.

You cannot sue for custody while you are still living with the children’s father.


#5

can you get a court order for custody prior to spouse moving out and can judge rule for parent to move out in a custody case ?
I am afraid he will take child and move out and cant believe I cant start any action now while in same house >


#6

Custody actions cannot be commenced prior to one party moving out. The court cannot order a parent to move out of the home in a custody action.