Ok..got a court date. Jan 8th. My hubby wants to have either joint custody or full custody and I don't agree.
These are my points...He is not a citizen..has a green card. Domestic violence was involved on his part during the marriage.
Got a report from hospital where he hurt our son.
Recently he got a ticket for not having our son in a car seat.
I have been with our kids since they were born/ never worked
Now, they live with me since we seperated.
But the catch is, he is trying to say I am cheating on him. He also has proof. All he has is hearsay and rumors. He has a lawyer and I don't have the money for one. What to do?
2006-12-13 02:03:05 · 11 answers · asked by T&E 2 in Family & Relationships ➔ Marriage & Divorce
Get a lawyer if you have to beg,borrow or steal the money . But get a lawyer . give your lawyer all the paperwork you have from the hospital and any police reports u have from the D.V issue. He hurt your son no judge in his right mind is going to give someone like him custody of a child. Also the child seat issue will be a biggie in court as well I would not worry about this ,as you have alot on him concerning this child and believe me that judge will lower the boom on him if he even trys this child custody thing.
As long as he does not have documented proof that you cheated on him that is all it is ,is hearsay.Also get yourself a job and show the judge that you are making an effort to support these kids by yourself . That will look good on you. good luck and god bless and happy holidays.
2006-12-13 03:05:18 · answer #1 · answered by Kate T. 7 · 0⤊ 0⤋
If cheating is the reason for the divorce that still has no bearing whatsoever on custody----that's grounds for the divorce--not the custody. The main thing regarding custody is what is in the "best interest" of the children.
You need to subpoena someone from the hospital to testify about the incident with your son--the medical records alone are hearsay and inadmissible. And subpoena the cop that gave your hubby the ticket for no care seat. It will take some investigating a some phone calls, but you need to subpoena the cop too.
I'm not sure what State you are in, but you need contact an attorney and see if they will help and then they can ask to get their fees from your husband.
I don't think your husband's chances of getting custody are good--so don't let him and his attorney bully you!
2006-12-13 10:25:40 · answer #2 · answered by kathylouisehall 4 · 0⤊ 0⤋
Go get a lawyer. Most offer a free initial consultation explain all the circumstances to the lawyer and perhaps he or she can work out something for you. If you go into court without a lawyer and your soon to be ex has one you will not like the results. So at least go visit a lawyer and see what is possible. The sooner the better.
2006-12-13 10:11:38 · answer #3 · answered by tom4texas 4 · 0⤊ 0⤋
It doesn't matter if you slept with half the town to be honest. Judges don't look at that when settling custoday cases. They WILL look at the fact that he has endangered your child on more than one occassion and that he has no real ties to the country etc.
He doesn't stand a chance in HELL of getting custody. There has to be some sort of a public defender that acts in the best interest of the child (here they are called Children's Lawyers and the are free and are a government agency) or something. Try to have a court appointed examiner or something look at all of the evidence you have in order to give their opinion in court.
2006-12-13 10:10:27 · answer #4 · answered by snippers72 2 · 0⤊ 0⤋
Document everything. Even if this means keeping a journal where you handwrite every little infraction he does. Keep records, get police reports, etc. You need to go to court armed with an arsenal of documents showing that he is a questionable parent and not worthy of custody, joint or otherwise.
Also visit your local social services office. They may be able to find a free attorney willing to help you. There are women's centers in most cities that provide low-cost to free legal support in these situations.
2006-12-13 10:11:54 · answer #5 · answered by whatever 3 · 0⤊ 0⤋
Call Legal Aid or a Women's Shelter or the Police to find a lawyer. The phone book blue pages has a domestic violence hot-line (1-800-799-7233) try it and maybe they can point you in the right direction. Good Luck.
2006-12-13 10:14:10 · answer #6 · answered by momgone4 1 · 0⤊ 0⤋
people cheat all the time, it isn't an issue if it doesn't affect your parenting.
Adultry is grounds for divorce, not grounds for taking your children away.
So what if he has proof--it means little in this country. Perhaps in HIS country it would stand, but not here. Let him think he has something.
Make sure you have documentation from the doc or hospital of possible child abuse, and even a copy of the ticket he received for endangering your child by not having him buckled in the car seat.
And proving he's n ot a citizen, that's easy.
I don't think you have much to worry about.
2006-12-13 10:30:31 · answer #7 · answered by moniquebell 3 · 0⤊ 0⤋
Most lawyers will give you a free consultation. If they think you have a case they may actually take the case. They won't take any money till after you get paid. Whatever you do think back and make sure he has nothing on you that could be considered cheating. No kisses no hugs nothing to say you were cheating. Good luck and I hope you get this scumbag.
2006-12-13 10:10:21 · answer #8 · answered by Joey R 5 · 0⤊ 0⤋
Go to your domestic violence office, all cities have them, they have free legal advice, find out what your options are, you would want full custody, because he could leave the country and you not see your child again.
2006-12-13 10:10:02 · answer #9 · answered by stringhead3 4 · 0⤊ 0⤋
Get a legal aid...seeing as though their is a history of violence the judge will have to hold that into acct of the well being of the child/children. It doesn't matter if you did/didn't cheat on him, judges don't care about that. They care about the well being of the child/children. What is best for the child/children not what is best for you of him. My advice is to documant everything from when he calls to when he sees the child/children. Good luck jenn
2006-12-13 10:13:47 · answer #10 · answered by Army Love 2 · 0⤊ 0⤋