My husband leaves and takes my child and now wants back into the house to collect his stuff what can I do?

Generally if both parties are on the least the police will not allow you to prevent his ingress and egress without some form of court order. As to the child, you would have to define what it is which causes you to believe that you have some legal rights to the minor unless you are its mother. See an attorney now.

With regard to the house, as this is the marital residence, he has the same right to be there as you. You cannot keep him out unless you file for divorce and obtain a court order for exclusive use. As for the child, when you say you both have legal custody, but the child is not of the marriage, you need to be sure you are correct about that. If the child was born during the marriage, it is presumed marital, but you can challenge that on divorce. If he is keeping the child from you, you can file for divorce and inform the court of his actions. Courts do not like such behavior.

Your husband has the right to be in the house. He is on the lease. However, if he only wants to get his things, make an arrangement to be there (make sure you have a third party there to witness everything) when he can pick up his stuff. It isn't clear from your description, but if you are not the child's biological mother and you did not adopt the child, then you have no right to see the child. If you are the child's biological mother, then you have the right to see the child. The best way to ensure that there are no issues with police, etc. is to go to court and get a custody order describing when each parent may have the child.

Based on your narrative, I am confused regarding the child. ("we both have custodial rights. the child is not a product of the marriage") Are you both biological parents of the child, or just one of you? Regarding access to the rented home, he may legally re-enter the home without your knowledge or permission - just as you could do. Your rights to occupancy are equivalent. The solution is to obtain a court order granting you exclusive right to occupy and prohibiting his entry. Such temporary restraining orders are commonly issued when one party files an action for divorce in order to keep the peace and prevent confrontations. The right of access to the child can be addressed by the court as well.

You should make arrangements to let your husband get his things. If you need protection call the police or sheriff for a civil standby. It is important to be reasonable. The more the two of you fight about things, the more you will fight about things. Best to try to move forward.

If his name is on the rental agreement, it is equally his barring some sort of other circumstance. Unless the rental agreement says otherwise, you are jointly responsible for the rent; therefore, his failure to pay merely means you have to. Although that may be an issue for you, his name is on the agreement - better to be safe and let him in than to have to battle someone who legally has a right to enter.