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If I Leave My Husband Can I Take My Child with Me?

If I Leave My Husband Can I Take My Child with Me?

Leaving your spouse or divorce, in simple words, is a horrible event of a child’s life. A child feels broken, and its life becomes threatened. If you leave your husband and take your child with you, your husband can take legal steps against you. It might be dangerous for both you and your child sometimes.

However, legally, you can do it with the help of a family lawyer. So let’s know-how.

If I Leave My Husband Can I Take My Child With Me?

If you leave your husband through a legal divorce, your husband can take the necessary steps to secure his position with his child. He has the legal right to take these steps.

After the divorce, he still has a blood relationship with your child. So, he can protect his rights towards his child.

What Can A Father Do?

If you leave your husband and want to take your child with you, your husband should do the following things—

Hire A Family Lawyer

As soon as you leave your husband taking your child with you, your husband must contact a professional lawyer. The lawyer must be a specialist in family law, child custody, and divorce cases.

With the help of this lawyer, your husband should specify and protect his rights towards the child. If he does not do that immediately, he has probably to face problems regarding his future rights.

Mutual Agreement

Your lawyer has to talk to your husband’s lawyer to make a mutual agreement. The agreement will specify how and to what extent you and your husband have your rights over your child. If you take your child with you without any legal agreement, your spouse might create a mess.

Childs Benefit

If you get your child’s custody, ensure that you are carrying out all your child’s duties. You should manage spending time with your child, taking care of it, and all other parental duties. It is not about just getting the custody and depending upon a sitter for your child. You should fulfill all your duties over your child.

Another thing is you should always get in touch with your child even during the divorce process. Parental divorce is a very terrible situation for a child. It causes harmful effects on the child’s psychology. So try to give as much time and importance to your child so that he or she might not feel broken.

During and after divorce, it is better to make a particular schedule for visiting your child. There might include some legal regulations also on how much time you can spend with your child.

A Father’s Rights Over The Child

If your spouse is not abusive or harmful to you and your child, you can never stop him from meeting your child. He possesses legal rights as a father to maintain a relationship with your child. You can not interfere with their relationships at all.

Just like the normal situation, your husband has rights over the child during and after the divorce. A father’s rights over his child, especially during and after the divorce, are as follows—

Child’s Meet

Your spouse can easily meet your child whenever he or the child wants. You have no right to stop him. As a father, he can still participate in various events related to the child’s life—for example, parent meetings in school, sports, child’s birthday, etc.

He can do everything to mentally support the child that he still exists in its life. You should cooperate with your husband for the sake of your children. You can not even stop your child from keeping a relationship with its father. It is his or her legal rights.

Deciding Child Custody

After your divorce, if you want to remarry and wish your new spouse to adopt your child, your ex-husband might not allow it. He might disagree with making his child adopted by someone else.

It happens because of the insecurity that the new father might not take proper care of the child. In that case, your spouse has the right to stop you legally.

Financial Support For The Child

Your spouse has the right to provide financial support to your child. It is quite a common scenario after divorce. But if your husband does not want to pay it from his own, you can take legal actions against him.

And if you do not need the support, but your husband wants to pay, you are bound to accept it. This financial support is only for the child’s secured future and all other stuff, not for you. You also possess the right to claim this if he disagrees.

Decide Child’s Future

In taking parental decisions regarding your child’s life, your spouse has the full right to participate with you equally, such as marriage, criminal cases, property, and so on. You can not stop your spouse from all of these.

If the court does not determine the child’s custody, you and your spouse have to share joint custody. In case you do not like your husband’s participation, or he is harmful to the child, you can take legal steps. But normally, you can not deny his share from the child’s custody. You both have to carry it out in a joint venture.

How Can You Solve The Problem During Divorce?

It is always better to try to solve problems between you and your spouse. Because divorce is not a solution, and if you have a child, it is very painful for him or her then. However, if the situation worsens, you and your spouse should be careful about your child’s custody.

There might be several problems, but your cooperation can ease the process for the child, especially. For example, You both need to respect each other’s plans and decisions.

In the case of the child’s life and future, you both have the right and responsibility. If you do not respect each other, it will make your child’s life is a threat.

You should make a specific time to be with your child. And you might feel like missing your child while he or she is with their father. Father might feel the same when the child is with you.

But you can not claim to return your child to you. You both should have patience and respect for your spouse’s time with the child.

Try to concise your communication with your spouse. It would make you both emotionally strong. You can meet and talk about your child, nothing else.


Hopefully, now you have got your answer if you leave your husband, you can take your child with you or not. You have also learned all the difficulties and legal issues during divorce and child custody. Take your decision wisely, not in a hurry. It’s all about the life of your child.

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