If my spouse leaves our home and starts living in an apartment, and we have no written or other agreement regarding custody, who has legal custody of our 2 children? Can he demand they go stay with him whenever it suits him? This does not seem fair.
If there is no custody order in place, then custody arrangements will have to be worked out between the parties. If you fear that she will not allow you time with the children, I would be proactive in either hiring an attorney or filing a complaint for child custody. With no order on custody, there is no legal vehicle to ensure you will get adequate visitation, and there is no determination as to which parent has legal custody.