he says because I don't work he can take our son from me if I leave what can I do?
2006-07-29 17:06:13 · 24 answers · asked by nclbylss 1 in Family & Relationships ➔ Marriage & Divorce
Depends what State you are in.
California never takes children from the mother unless she is a drug user or is abusive. Other States award children to father, if he can prove he can provide for the child.
2006-07-29 17:12:48 · answer #1 · answered by Anonymous · 0⤊ 1⤋
Actually, that is the court to decide but it is possible that he can unless you have money to support yourself and your son. i do not know how bad your situation is. I've heard that some people that are like you getting ahead of the game. They will find a job, the money into saving till you have enough to move out on your own and pay your own bills and be able to support your son. Once they're were ahead they started the divorce procedure and it turns out that the mother wins the custody. So, if you can tuff it out as long as you can and start saving money for the two of you. Most kids now a day do need their mother the most but so does some fathers. Anyway, do not put your child in a position that he may lose you for a good while.
Good luck!
2006-07-29 17:17:07 · answer #2 · answered by Paula 2 · 0⤊ 0⤋
I do not believe he can take your son because you do not work. When I divorced my first husband he told me I was not entitled to anything because I didn't work. My lawyer said that was not true and that I helped our family save money by being at home. Your husband is trying to strong arm you with what hurts the most, the child. I would recommend you to obtain a lawyer as soon as possible. I know in my state the person who files first is the one who gets custody of the child until the divorce goes through. Good luck!
2006-07-29 17:12:21 · answer #3 · answered by Raspberry 6 · 0⤊ 0⤋
Thats a pretty tough call, even for the lawyers, however its not up to your husband to decide. The friend of the court will make that decision, based on stability, income, school, ect. Taking the childern out of the home sometimes is frowned upon, however if you husband proves stability for the children, he may get to keep them. You really should chat with a lawyer in your area. Check with the courthouse and see if lawyers are available for free couseling.
2006-07-29 17:11:45 · answer #4 · answered by Mike U 1 · 0⤊ 0⤋
No it is not true. He will have to pay you alimony for the rest of your life. He will also have to pay child support until the kid is 18. He has alot of nerve to lie to you like that. I would contact a lawyer. You sacrificed your own job to raise the kids he is fully responsible for taking care of you and the kids if there is a divorce. The judge will also decide which parent will have custody based on what is in the best interest for the child. The parent who does not have custody should have visitation rights.
2006-07-29 17:12:44 · answer #5 · answered by ALBPACE 4 · 0⤊ 0⤋
Your husband is hurt so he is striking out at you the worse way he can!! He can't take your child away unless he can prove neglect or abandonment or something like that! Get a good lawyer and and visit with him about what you need to do for you and your children/child!
Most children are placed with the mother and Fathers have joint custody. Not having a job is not grounds for the children to be taken away!!!!
2006-07-29 17:17:14 · answer #6 · answered by redtinydawg 3 · 0⤊ 0⤋
the only way he can take your son is if; you do drugs, neglect him, abuse in any form..other then that he's trying to scare you into staying.
so if you want to leave..go just make sure you have a safe place to take your son to first, until you get things situated stay but get things together for you and your son, unless you feel threatened then go to the police they will place you some where safe. get with a lawyer
2006-07-29 17:13:00 · answer #7 · answered by Honey 3 · 0⤊ 0⤋
I believe your child can only be taken if it can be proven that you are an unfit mother and I don't think being a stay at home mom classifies as that. Of course the courts may want to know how you will support your children.
2006-07-29 17:11:02 · answer #8 · answered by annarenee83 3 · 0⤊ 0⤋
Talking to a lawyer directly is more helpful than anything you'll find online. Find out if you can take yourself with you if you leave. Where I live it looks really bad if you leave without your child. Try and find some online resources specific to your area - for example, google on "child custody california" or something like that. The fact that he thinks you don't work doesn't help his case.
2006-07-29 17:10:45 · answer #9 · answered by Molly R 3 · 0⤊ 0⤋
Well, your husband can say a lot of things to you, and he knows the buttons to push to get a reaction out of you. What you have to understand is he has as much right to custody of the children as you do. Will he actually get custody? Probably not. Get to a lawyer before you move out of the house. The lawyer knows the laws about this type of situation and he can advise you as to how to proceed.
2006-07-29 17:11:19 · answer #10 · answered by physandchemteach 7 · 0⤊ 0⤋
Thats for the court to decide he could pay you child support but you would still have to get a job. The court usually moves in the womans favor depending on if they think they are a suitable parent
2006-07-29 17:09:08 · answer #11 · answered by Anonymous · 0⤊ 0⤋