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Can I claim custody and maintenance in the case of separation?
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My son is 16, my husband and I seperated five years ago as he is an alchoholic but pays me no maintenance as my son was attending boarding school. My husband bought a house near the school, and they both wished for my son to leave hostel and live with my husband at the beginning of the year against my better judgement. My son spends the weekends with me as it is too far for me to take him to school daily, the situation for him to continue living with my husband has now become detrimental to his well being and I want to change him to a school closer to me so he can live with me in future, but I'm not in a financial position to support all of his education and living expenses on my own.
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You can file for custody and maintenance - considering your husband is an alcoholic, you won't have a problem getting custody - if he has a job, you can have his wages garnished if he doesn't pay maintenance. Your son will also have a say in where he wants to live because of his age!
Answer Date: 03:59pm 08/11/08
