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My husband and I have a 3 year old little girl. I'm filing for divorce on Friday. He is a drunk, and abuser(physically and emotionally). I'm currently a full-time student and work full time nights. I will live with my mom until I finish school. I'm willing to walk away from everything except my daughter. He can have it all. I can't live without my baby. Any advice?

2006-09-19 10:36:12 · 9 answers · asked by Anonymous in Family & Relationships Marriage & Divorce

9 answers

If your daughter has a secure environment, which she will because you are planning to live with your mother, and you can show that your husband is an unfit parent, then I am 99.99 percent sure of you retaining custody of your daughter. If your husband is a drunk and an abuser would he really want custody? Although I know of a lot of men who will try to get custudy just to cause problems even if they dont want custody.

My very best advice is to seek some help from a lawyer. Also, if your husband is a drunk and an abuser is there any documented evidence of this, eg. Police needing to be called....a friend who has seen this, etc? Get all the evidence you can. The better equiped you are the better it will look in court if it goes that far. Can I also suggest you get the support of your local Salvation Army and/or Samaritans groups, they are highly respected, especially the Salvation Army and would be a strong ally for you if it goes to court.

I hope this helps.

2006-09-19 10:45:06 · answer #1 · answered by rightio 6 · 1 0

Usually the mother is awarded custody unless the father can prove that you are an unfit mother. Since he is a drunk, etc, I would doubt that he will even want the baby. Nothing wrong with going to school, working and living with mom as long as the baby is well provided for and taken care of and most importantly love.

2006-09-19 11:41:31 · answer #2 · answered by kitcat 6 · 0 0

You have nothing as far as I can see to worry about. The only two things that would stop custody would be documented proof of child or drug/mental abuse via police or medical reports. If neither exists, youll get custody along with child support and possible spousal support. He will probably get state mandated visitation rights but they can be supervised if you proof the above accusations.Good luck

2006-09-19 10:52:44 · answer #3 · answered by Arthur W 7 · 0 0

Hire an attorney. You can ask that he pay the legal fees. Chances of you loosing your daughter is zero . If he is abusive, and drunk then he deserves nothing including your daughter. He will however like have visitation with her. If he continues to threaten you get a restraining order. Protect yourself and your daughter. Good Luck!

2006-09-19 10:41:36 · answer #4 · answered by noneofyourbizwax 3 · 1 0

Have friends testify regarding his behavior. Let the judge know that you want sole custody. Gather any evidence you can. Good Luck to you and your daughter.

2006-09-19 10:44:03 · answer #5 · answered by Michelle 4 · 1 0

Provide good evidence of his drinking problem. No one will allow a drunk to raise a child.

2006-09-19 10:40:37 · answer #6 · answered by Cary Grant 4 · 1 0

chances are you will obtain soul physical custody of your child with shared visitations. if you can prove and show that your spouse is not responsible you could have his visitations revoked or supervised. Seek legal counsel.....

Don't worry he won't get custody!!!

2006-09-19 10:47:33 · answer #7 · answered by aunt_beeaa 5 · 0 0

Chances are slim you'll lose her. Good for you for getting out. Stay strong.

2006-09-19 11:25:55 · answer #8 · answered by bluez 6 · 0 0

You've earned half. Don't let him have it all. You'll need it to properly provide for your daughter.

Good luck to you!

2006-09-19 10:44:26 · answer #9 · answered by Tonya L 3 · 1 0

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