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My husband left a week ago and we have a 5yr old. He is with another woman that he says he has only talked to?

On the phone till the day he left. She is from another state and he knows her from his childhood. They are staying together and the only way he will get our son is if she is there. Legally do I have to let him go??

7 Answers

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  • 8 years ago
    Favorite Answer

    Legally you can do nothing to stop your husband leaving - he's an adult, and responsible for his own decisions.

    You don't have to give him your child. Speak to a family lawyer about custody and access rights.

  • 8 years ago

    Not since he abandoned you two and if you do let him go and theyre in another state you may have a huge problem getting him back so best to file for Divorce based on abandonment and seek temporary custody at least and delaying dads visits til after a custdoy/support/visitation hearing on grounds that he may kidnap your son. File Immediately and get a Attorney if needbe and make Hubby pay for him but act Immediately because without any court orders, Dad can legally take son and be gone. Good luck

    Source(s): Florida Paralegal
  • 8 years ago

    Are you asking if you legally have to allow your son to go? The answer to that is no, not unless there is a court order compelling you to let him go. In fact, I would not send my son with him until custody is decided so he cannot keep him.

  • Anonymous
    8 years ago

    It is illegal.

    U can also file a case on bigamy in a proper court of law by consulting an Advocate.

    U can also file a written complaint with the jurisdictional police.

  • 8 years ago

    You can't stop him from leaving you and relocating, just like he can't stop you from doing the same. If he abandons your son, he effectively surrenders any right to custody, though he may be granted access in a family court.

  • Amy
    Lv 6
    8 years ago

    I don't believe you EVER have to let your child go to another state. See a lawyer.

  • 8 years ago

    As long as there is no court order I wouldn't let him go, you might not get him back.

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