What to do if my wife has decided that she doesn’t want to be a wife or a mother any longer?

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What to do if my wife has decided that she doesn’t want to be a wife or a mother any longer?

My wife is moving out of state. To protect myself and my children should I file for legal custody of the children? Is this considered child abandonment?

Asked on January 9, 2012 under Family Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your situation.  Ideally you and your wife should sit down with attorneys and decide the custody and other issues before she moves.  But if that is ot a possibility then yes, you can apply for temporary custody of the children pending a hearing on the matter.  As for wether or not this is child abandonment consult the laws in your state.  Good luck. 


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