If I were to divorce my husband is there any way that I can get full custody of my baby?

Question

He doesn't physically abuse me but he does emotionally abuse me.

I'm not saying that I would want him to be able to never see her. Its just that obviously she is going to have to stay with someone longer than the other and I want to be the one who she stays with most of the time. I would still let him see her whenever he wants but I still want to be the one who has her most of the time. Is there any way that I can get my way in the court?

Answer 1

yes you can you are the mother it,s your take him 2 court and they will make him pay sorry dude you lose she wins

Answer 2

I left my first husband he was both physically and emotionally abusive....during the last year of the marriage I had documents proving abuse....pictures....hospital records....police reports.....witness statements......proving emotional abuse is more difficult......although no less severe to live with.....I had two children when I finally divorced him.....It may depend what state you live in.....He was not addicted to drugs or any other substance........This may have made a difference...but we were awarded joint custody.....As my decree states...even though the defendant is severely abusive towards the plaintiff he has never harmed or been a threat towards the said children therefore it is in the said children's best interest to have a relationship with their father....In order to protect the plaintiff from any further abuse the defendant shall be awarded visitation every other weekend exchanged at family house where he will have no contact with the plaintiff..... I was given an order of protection....He is still not able to call my home....But does....Hopefully as in my case he will just get himself a girlfriend and just stop seeing your child as my ex stopped seeing his

Answer 3

Chances are no, unless there is a lot of proof that this person is abusive to you and the child.

It also depends on the judge too though. A lot of courts perfer to keep the custody joint, with visitation rights.

My late husband was abusive, yet the judge still had joint custody for us, BUT it was set up so his visitation was supervised by someone else.

Answer 4

You want to think very carefully: unless your ex-husband truly deserve to be cut off from the child's life, you are talking about taking away your child's tie with his/her father.
It's hard growing up without knowing your father. Do you really want that for your child?
So, is there anything wrong the way your husband treat your baby? if there is, presented/prove to the court, you might have a chance.
If there isn't any, don't even try, you don't need more negativity around this situation. Divorce is already hard enough, don't make it harder.

Answer 5

Yes, there are different ways, for different instances.

IF you happen to have drug or booze problems, and your hubby can prove it, then you don't have a good chance of it. You won't have a good chance of it either if you are an abusive mother.

YOU need to present the courts with any and all negative things about your hubby in hopes of getting full custody.

Answer 6

How about share custody, its just mean to take your kid away and not give the father rights. To many woman are being selfish and not caring about the father or the kids life. If you can't get along with him fine don't be with him but make sure you have a friendly relationship around your kid.

Answer 7

If you can document the abuse (record on video or audio tape) and prove it in court it will help you.

Answer 8

generally not
joint custody most likely. It does depend on the situation

Answer 9

usually you both will be granted joint custody, but you can get physical custody. Unless there is some really good reason that you shouldn't. but it is rare.

Answer 10

how old is your child and can you support him/her? i think if she/he is less than 7 you have a good chance of getting your child.