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Q: Had an argument and she said she wanted a divorce. Left a week after with my son for her parents house and said she would be back in 4 days right before she left. Has been 2 weeks and she said she’s not coming back. Living situation is much better here. She’s w living with 6 other people in a small 3br apt in the city. She’s offered for me to see my son whenever I want (she’s within 30miles). Chances of judge ordering her back to the marital house is zero right? No history of violence ever if that matters. Says she wants to do 50/50 custody. Any reason to file now or wait until we both cool off and see where this goes?
A: The longer the situation persists, the less likely it’ll be that a Judge will order the child returned. If you want the child returned & wish to contest physical custody, then file for divorce, get her served with the summons & file an emergency order to show cause requesting the Judge order the child returned. Schedule a consult with a Westchester family Law Attorney for a full assessment.