Q: My husband has says that Covid-19 is fake news! He has been putting us at risk every single day, says he doesn't care!
My husband is out socializing EVERY-SINGLE-DAY! Partying every/all weekend and refuses to distance/wear mask/etc. He wont allow our 6 yr old son to wear a mask when they are outside together which really bothers my son. Today, for the 2nd time (1st time was even worse), he has risked our son's health directly. My son was told to go in and hug (against his will) his older relative (a neighbor) She is also at risk, older/diabetes. I stepped in and stopped it. He then started to ridicule me and my son for believing the virus exists, that its fake news! My son was so confused. He then alluded that he is going to push even harder to include my son in his wreck-less socialization. To "drive you crazy" he said. I've wanted a divorce for years, and was waiting for my son to get a little older (for obvious reasons). But, his blatant disregard for his own child's health is mind boggling. My question is What can I do in the moment to stop him? Do I have any legal recourse? A leg to stand on?
A: At this point, you're still married and each of you has as much "right" to parent your child as you each see fit. If you want to change that and have "a leg to stand on" to prevent your husband from parenting in a way that you oppose, then you'll need to file at least a Complaint for Custody and ask a court to grant you parental rights which are superior to his. You don't even have to file for divorce at the same time (but you'll save a few hundred dollars on court costs if you do), and you don't even have to be separated and living apart.
If you'd like to further discuss your custody situation, feel free to contact me offsite -- my office is in Norristown. Best of luck to you.
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