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Clare, Solicitor
Category: Law
Satisfied Customers: 34910
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have been married for nine years and have a 4.5 month old

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Hi. I have been married for nine years and have a 4.5 month old baby.
Before baby was born my husband and I were starting to grow apart. Now we dont get on and I dont think our relationship is good for the baby. I am still on maternity leave and he takes 9 weeks mat leave when i go back. In the meantime he is being really controlling about where I go and what I do with the baby.
My question is, if I left, does the mother automatically get custody of the child, despite him doing 9 weeks mat leave?

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first

When does his leave start?

Customer: replied 1 year ago.
14th November

What are the long term plans for the care of the baby?

Customer: replied 1 year ago.
She will be at nursery full time from 16 Jan 2018.

Both you and your husband have Parental Responsibility for the child and the right to have the child in your care.

The law expects the parents to work out how a child should share time between them - using family mediation if necessary - with the Court making the decision if agreement is not possible

If the Court does become involved then the issue is one of stability - with the status quo in terms of care being the most likely outcome.

If your ex is as capable as you of caring for the child then a shared care arrangement is the likely outcome.

I hope that this is of assistance - please ask if you need further details

Customer: replied 1 year ago.
Thanks Claire.
I guess im still unclear on initial solution. If i leave I know he will agressive (verbally) so there will be no calm discussions. At this stage will baby automatically come with me until a solution is found to share her responsibility?

Will you leave whilst he is out?

Clare and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
that will probably be best option