Will my husband get custody of my son? He lives with his parents and has no job? I provide health insurance?

Question

He filed on January 25-a little under three weeks until North Carolina would legally be considered 'home state'. he did file in the wrong county and I am looking to get the entire case thrown out on this large fact. I did not malitiously take my son out of Ohio-I moved for a job. My soon to be ex helped pack the moving van, and he planned on moving to North Carolina by as early as next summer. My son has only seen his fathers for six days since moving, and since I was served with papers he has not heard from him in over two weeks. He has sent 300-400 dollars the entire time we have been away. Are my chances good at getting sole physical custody of my son. I am also eight months pregnant-something that was conviently left out of the court papers- The baby is my husbands child. Custody for her will have to be sought in North Carolina.

Answer 1

If you have the children now, they'll most likely stay with you. Unless you are an abusive or unfit parent it is highly unlikely that you will lose custody. Do speak with a lawyer though.

Answer 2

Well first of all, if you aren't divorced yet then you did nothing wrong in moving to a different state, especially if your husband helped pack and was planning on moving down there himself. If he has no job and no place of his own there is no judge that will award him custody. You need to get an attorney, document where you work, your income, where you live, and so on. Doing this will lay the ground work for proving to the judge that you are doing what is good for the welfare of you and your child. You also need to document the fact that he hasn't been around to see your son very much, the amount of money he has provided to help out financially. Fortunately for you, most judges still tend to award custody to the mother although that is beginning to change. The only thing you might want to worry about is if your husband decides to ask for joint custody of both children. If your attorney is any good he will make sure that he drags your husband through the mud and paints the worst possible picture of him in court. Another thing to remember is that right now your son is living with you and so will your unborn child, by the time you get to court the judge will most likely already know this and usually will not be much inclined to change that. I doubt that you have very much to worry about, but make sure you document everything that transpires between you and your husband until you get divorced. Good Luck

Answer 3

when me and my husband split up and got divorced i got sole custody because he lived with his mother and had no job this was a year ago he still lives with his mother and has no job he is scheduled for every other weekend but is not allowed to keep him over night for the fact he does not have his own residence he still does not pay child support and i can count on both my hands how many times he has came and got his son for visitation so if i was you i wouldnt worry to much i feel confident in saying you will get sole custody and with men like that most of them wont put up much of a fight if he truly wanted to see the child or help he would be doing so now so it would "look good" in court but since he hasnt i really wouldnt worry to much about it good luck

Answer 4

not likely that he will get the kid since he has no source of income which mean he would have no source of medical insurance ,no nothing . I dont think you have anything to worry about since no judge in their right mind would ever take a child away from a parent that is obvioulsy doing the right thing and placing the child with the parent who abandoned them . so I do not think you have anything to worry about although I would consult an attorney about this sittuation . good luck .

Answer 5

Sounds like you have nothing to worry about. The fact that you are providing a place to live, neccesities, insurance, etc and the fact your soon to be ex is, well, a loser, this should be a slam dunk you will keep custody

Answer 6

if he has no job and you have one, more than likely you will get the children. if you can prove you can provide a stable household for you kids, then they should be with you. contact a divorce lawyer, i know they cost a lot, but they will be able to help you keep your children! best of luck!

Answer 7

Well get a lawyer.