Q: If my husband chooses to separate and leave our home, do I have to allow him time with our daughter?
My husband is not happy in the marriage and possibly wants out, but he has no grounds for divorce except to separate for 12 months. I think we can work through our problems and don't want to give in. If he does choose to separate, do I have to allow him to see our daughter? I would want them to keep up the relationship, but I wouldn't want to split her 50/50. If he does leave, it was his decision to choose not to make the marriage work.
A: The relationship between you and your husband has nothing to do with his relationship with your daughter. Regardless of the reason for the separation, he still has a right to see his child. Whether joint custody is appropriate depends on many factors, but should not be dismissed outright just because you don't want the marriage to end. It is about what is the best arrangement for the child, not what the parents want.
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