If my husband and I have been separated for over a year but he has our oldest daughter and I have our twins, when he brings her to visit could I legally keep her?
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If my husband and I have been separated for over a year but he has our oldest daughter and I have our twins, when he brings her to visit could I legally keep her?
He wants to bring her to stay for 2 weeks and him take the the twins for 2 weekend but before he takes the twins with him out of state. He will let all 3 kids stay here for the weekend but I don’t want him to take twins because he is not trustworthy at all. He was abusive to me and my oldest.
Asked on July 2, 2012 under Family Law, Arkansas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If there is no formal custody order or agreement then you have equal rights to your children at this point in time. What you need to do once she gets here is to file a petition for custody (she has to physically be here in the state to do so). Custody determinations are made "in the best interest iof the child." And if he is abusive then you need to act quickly. Please seek legal help asap. Good luck.
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