Spouse is refusing to sign...having to remain in turmoil!


#1

I’ve had my attorney send my husband a letter stating that I have retained him as my attorney, that I’d like a seperation agreement. My husband said that if I could come up with something that is fair, he would sign. I then proceeded to tell him that he could have the children every weekend, on Wednesday afternoons until 8 in the evening, all school holidays, Fathers Day, his birhtday, 1/2 the day on the childrens birthdays, any family events on HIS side, we would alternate holidays, and during the summer they’d be with me a week and him a week. He said that was fine. He also said NO childsupport. I even agreed to that. NOW, he has gone back on that and said that he’s not going to sign anything, if I want to leave, go, but the children are not going any where.

What can I do now? My attorney is charging an outlandish fee that has to be paid in full before he will do anything. I’ve been advised to NOT leave the home on account of him claiming that I “abandoned” him and kidnapped the children. Can he do that? Knowing that I want to leave. I know that I can leave, but with no seperation agreement, no one actually has custody. If he doesn’t want to bring them back after a visit … he doesn’t have to. What if he will not let me have them??? What are my options here. I am at the end of my rope. Mentally, I am drained. My children see this. Please help.


#2

You may leave with the children, so long as you let your husband know where you are going, and make them available to him for visitation. Threats of abandonment are common, but in reality, before you can file suit to have the courts rules on the various issues between you, you must be living separate and apart. Someone HAS to move at some point. If you husband refuses to give the children back you can schedule a hearing before a judge quickly to get a temporary order in place.