Q: My husband left our family after 26 years. We own nothing but debt can he bring cops to retrieve what he says is his?
We live in a house my mom owns, he doesn’t work, lives in a trailer with no running water or electricity and got mad when our 15 year old son didn’t want to go with him. He threatened to have the police come with him to take everything he says is his. Can he do that?
A: He has equal rights to your son, but without a court order declaring custody, he can't force your son to go with him. And considering that he does not currently have a proper living space to provide your son, a court is unlikely to grant him residential custody. He is entitled to his separate property, but the marital property will need to be divided by a court. Talk to a family attorney local to you about asking the court for temporary orders.
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