I am going through a nasty divorce because my husband repeatedly hurt me. He was sentenced 4 years but only served 2.5 and now wants to share custody. I have a restraining order on him for me and my two little girls. My children are scared of him and don't wnt anything to do with him but now we are going back to court to talk to the judge.I am afraid that they are goning to force me to have the girls visit him and all the therapy that we have been doing would (were getting better day by day) just go down the drain.My oldest keeps telling me that not even a judge can make her see him! What do I do to protect my Little girls Were very scared to face him again!!
2006-12-17 19:25:44 · 11 answers · asked by jdr 1 in Family & Relationships ➔ Marriage & Divorce
My best friend just went through the same thing. Thd judge told him to hit the road and to stay away from her and the kids. I know it is expensive, but for the sake of your girls, get the best attorney you can afford and have them fight for you. You will win.
2006-12-17 19:28:42 · answer #1 · answered by bashnick 6 · 0⤊ 1⤋
As in most family law situations - it depends. Custody can be divided into physical custody (where the kids live) and legal custody (who can make decisions for them.) In some states "joint" custody cannot be ordered unless both parents agree to it. So in most situations one parent will have "custody" and the other will get "visitation" or "parenting time." The court can put all sorts of restrictions on visitation. They are guided by doing what is in the best interest of the children. A parent who has committed domestic violence stands a very minimal chance of ever having custody or unsupervised visitation. However, because the courts are interested in protecting the parent-child relationship and depending on the circumstances some courts might order supervised visitation.
As you can see, there are a lot of variables and you really do need to consult with an attorney to find out how to best protect you and your children. There are many great attorneys at legal aid or similar organizations who can help you. Please contact the court or your local bar association for a referral to a lawyer.
What you may need to do is get an expert to testify at a hearing about the girls needs and desires. Most judges don't want to involve children in the process but they will listen to a professional who has interviewed the children/parents and come up with an expert opinion. These opinions can be very helpful to the judge and a lawyer can help you get this done. Your local courts may have a family law help center that can also direct you to a custody evaluator.
The point is to get as much information in front of the judge so she can make a fully informed decision to protect the children. This is probably not something that most people are qualified to do on their own. In addition, in the heat of the moment and when dealing with an abusive ex-spouse, an attorney can help you think straight and keep calm.
Good luck.
2006-12-17 20:08:47 · answer #2 · answered by CV 3 · 0⤊ 1⤋
Your possibility of having visitation is sweet sized and probably joint custody yet you in all possibility don't have a possibility to get finished custody. The courtroom ought to no longer take the youngster remote from the only discern he has understand until there's a solid reason (the mummy is on drugs, abusive, mentally ill, etc.). no longer having a relentless touch extensive style and being flaky and not returning telephone calls are no longer reasons that the courtroom will deem her as "undeserving". stable success to you. i'm happy you opt to be a factor of your son's existence.
2016-10-18 10:41:29 · answer #3 · answered by ? 4 · 0⤊ 0⤋
They will do what is best for the child and it is VERY unlikely they would allow him any type of custody unless it was supervised. The odds are they will speak to the children and once they relaize the children wish no contact they will not force it upon them. He can go to court all he wants, but they will do what is best for you and your girls.
2006-12-17 19:28:24 · answer #4 · answered by surfer_grl_ca 4 · 0⤊ 1⤋
you are the mother. i'm sure the judge will look at the case and decide to give you custody. if the children are old enough, they will be asked for their opinion as well. get a good lawyer. don't worry. if you have to move, do that as well.
2006-12-17 19:29:50 · answer #5 · answered by Anonymous · 0⤊ 1⤋
I would think you have a very good chance of being awarded full custody. You need to explain your (very legitimate) concerns to the judge or better yet, have your lawyer do it for you.
2006-12-17 19:30:39 · answer #6 · answered by Bethany 7 · 0⤊ 1⤋
It sounds as if you might have to go buy/borrow something and keep it handy. Out of reach of the girls of course. Might prove to be very useful at some point.
2006-12-17 19:44:52 · answer #7 · answered by Spud 1 · 0⤊ 1⤋
well first find a good lawyer second god forbid that ahole does get partial custody ask for supervised visits but if u have witnesses that can testify for u even better.... good luck ur in my prayers
2006-12-17 19:30:21 · answer #8 · answered by blue 4 · 0⤊ 1⤋
your hubby likely will be granted supervised visits, at best. his record will speak for itself. you will easily get custody.
2006-12-17 22:30:09 · answer #9 · answered by sinned 7 · 0⤊ 0⤋
my magic 8 ball says: OUTLOOK NOT GOOD
2006-12-17 19:27:09 · answer #10 · answered by DemoDicky 6 · 1⤊ 2⤋