The Waiting...

[forumlaw]

Hello.
My husband has left our home in November. I have not received any sep. papers at this time. I do not know what the hold up is. He comes to the house to visit my 3 year old and remains inthe home durin ghis visits, why hasn't he got some sort of permission so that he can take him out for a couple of hours, or is this part of the sep aggreement that i must wait for. I was told not to allow him to take him anywhere unless their is a custody order in place. What I am asking is maybe he chooses not to go for separation at this time but can he not get a permission or something to have his son on his own for visitation??
Thank you so much,have a great day.

[sdverner]

Hi. From one mother to another and the wife of a man who has an ex and a child from that marriage, may I give you some advice. Please don't wait for your husband to file those papers. I do not know if it matters what state you live in or anything, but in Texas the person who files for separation and/or divorce in which children are involved gets to have their child or children in their sole custody with the other parent having set visitation. Also in our state say, my husband were to take our child there is little recourse in what I could do because of our state's laws. I think it is great that he is visiting and keeping in contact with your young child. But please file the papers yourself then the court/mediator/lawyer can place visitation times in place.

[annjd]

I believe that ultimately the court decides based on overall circumstances not solely who was first to file.

But it is helpful to get court orders in place.