My husband and I have been separated for 5 months he was out to see for all of that time and more. We want a divorce yet he wants custody she barley knows him . He has taken my phone , told me I am being taken off the bank account. I have been a stay at home mom for over a year and during pregnancy I worked from home. He will not keep her but weekday nights (mon-thur) I think it is best for her to live with me. I don't want to take her back there because he drinks a lot lately and with the two of us there its always an argument.and I don't want her around all of that. I have been dating a guy who moved back to California and wants me and my baby to move over there. Is that going to look bad in a custody hearing? Is that legal? (no paperwork on divorce or custody has been filed) is that a good idea or not? Thanks for your help.

First if you are separated what are you doing with a joint checking account

What are you doing with a phone in his name that he can take away.

And God only knows what you are doing even talking to him, if you don't want to.

And you need to file in court for custody, and you want to file first if you can. And you get him to pay child support.

Talk to a divorce attorney

No the cell phone is in my name he took it from the house. We were trying to live together until we moved back home to al.

If there's been no custody order issued then nothing precludes you from moving to California. However, that could leave you responsible for travel costs associated with visitation once an order is established.