Leaving a Marriage with a Child: Your Rights and Options

Question
I am wanting to know how to leave my marriage. I am wanting to know my right and how I can leave with my son, and not have to worry about him taking him. He is a healivy drinker and yells at me and my 16 month son. I just wannt to know my right and how I can leave. please help.

Answer
Hi Stacey~

Yes, you are free to leave the marriage and the house anytime you wish (and vice versa for him).  Since you're legally married he can't keep the child from you, nor you keep the child from him.  Just beware of that when you leave.  I would highly recommend getting a court order in place so that this protects you and the rights to your son.  Otherwise, he can come get him for a visit and not return him to you and there is nothing the police can do.  However, with a court order in place it protects you from this type of a scenario happening.  You should also start the divorce process since you're leaving him.  It's very unhealthy for a child to witness his father drinking and even acting violent (b/c you never know what a person is truly capable of when he's drinking).  And it's not something you can chance.  You have to protect yourself and your son at all costs.  A restraining order would be the first place for you to start.