Please help

[wareba]

My husband and family moved here a yr. ago and have decided to separate. I want to go hom (louisiana) and he thinks it would be best for me to go and get a job and place to live before taking the kids! (which I think it is the responsible thing to do) But I dont want him to be able to claim abandement. Is there a legal document we can fill out stating it is mutual and he will bring me the children in 30 days and bring it to a notary?

 

[Duranie]

You cannot really do this. He is not obligated to bring the children to you. He can stay in the current state you are in and file for divorce when you are gone. Nobody knows what he is going to do.

does he plan on eventually moving back to LA? Ishe actually going to let you move back with the kids? The current state you are in now will have jurisdiction, and LA will not have jurisdiction until you have been there for 6 months.

If I were you, I would not leave. He cannot claim abandonment just becuase you left the state to find a job. It might not hurt to right him a letter and have him sign it stating your inentions, so he cannot use it against you if he files for divorce while you are gone. But this is risky, I would not leave the state and leave the kids with him.