Lawyers.com offers general information and not legal advice. Your question is very fact specific and seeks legal advice. Your question cannot be answered in this forum because more facts and details are needed to properly advise you. For example, is your spouse violent toward you or the child? Has the police been called to your home? If so, how many times? Has the offending spouse been arrested? If there is a history of violence, and your spouse's conduct places you or the child in danger of bodily injury, there are various remedies that may be available to remove the offending spouse from the home. It is recommended that you consult with an experienced family lawyer in your area to discuss this matter in greater details. Best of luck~
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