SPARC Forums

Wife plans of leaving home with my 3 year old son... Told me she plans on having him witgh her most of the time.  In my state (MD) we have to be seperated 1 year prior to filing for divorce.  How do I go about seeing my son equally (which I think I'm entitled to) prior to filing for divorce?  I have no record that would prevent me from seeing my son and if I may say, I'm a damn good father.  What can I do to see my son if my wife decides to take my son from our home, especially given the circumstances that in my state of MD, we have to living seperately for at least 1 year prior to filing for divorce?  Thanks in advance for your help.

You can still have a parenting plan in family court without being divorced. Also a legal separation can include a parenting plan.
Go see a lawyer quick! They can file in family court for you and temp have child stay in house until a plan can be worked out. Ask them how you get child to say in the home NOW (temp restraining order?). Look at both your work schedules and see how you can divide the time. You will need a holiday, birthday (you and child) and summer vacation schedule. Be VERY careful to agree to anything. First set of papers are very important and it is VERY hard to change them (no matter what anyone tells you). Judge will go on the legal paperwork you already have. What will happen when child goes to school, how will that change things, school vacations...  Look on line for parenting plans. If you both will be living close, better for you to get more time , especially if you are in same school district when child is 5.

Joint legal custody is for medical/educational decisions, Joint PHYSICAL custody is splitting the time up. Many different ways to do this, one week you, one week her, or other ways. Look them up.