Will he get custody?

Question

I have a felony for misappropriation of funds and got five years probation. It will be over next year. Well, we have been having problems ever since and just recently he has been threating to divorce me and take the girls. Age 2 1/2 and 7months. I was working up until I had the girls and have been a SAHM since. He says that if we get a divorce he is taking the kids away from me cause I am unfit to care for them since I have no money or way to make money. He says that they won't let me have the kids since I have a felony. Will he get custody? I have nothing else on my record and have always work up until having the babies and he wanted me to stay home with them.

Answer 1

the felony isnt for neglect, abuse, or drugs so it wont play a factor in the game. my brother in law tried to do that and the judge laughed him out of court.

Answer 2

I can't speak for the felony because I have no knowledge about that but don't let him think you are an unfit mother. You chose to stay home and care for your children rather than send them off to daycare so that you could have a career. I think that is very honorable. Secondly, he will have to pay you child support so you will have money and you are also intelligent so you can get a job.

Don't let him control you and push you around like that. They are all threats. As well, he shouldn't be throwing that in your face. He is your husband and should be forgiving of your mistakes and help you to work through it.

However, I will say, for your girls sake, if there is a way to work your marriage out do so. Do what you can to save your marriage and find that place where the two of you fell in love.

Good luck!

Answer 3

Your husband's money will help him get a good attorney, but he cannot take the children away from you just like that. Since the charges against you happened before you had your children, I do not believe this will be held against you provided you have been honest and a good mother to your children since then. Having money is not a factor. If you can find yourself a job, you can support yourself and kids (because he'll have to pay child support, too). Everyone deserves a second chance. Get your resume together so you can show a judge you have worked and can work, if you can find child care. In the meantime, your husband will have to pay child and spousal support for awhile to help you. Your husband is just threatening you. Go to a lawyer for a free consultation (usually 30 minutes) and learn your legal rights. It will help you know for sure what you are up against. If you can't afford a good lawyer (no family to help you?), you can use Legal Aid.

Answer 4

i suggest getting a gurdain at lightem and they are basically a lawyer for the children if you like what they say use them in court if you dont dont use it you can get one for free or low cost through your local court system in the meantime go to your local courthouse ask for a ex-partie hearing form tell them your husband is repedatly threatining to divorce you and take the children this is a hearing where he does not have to eb present an dneither do you simply all you do is write your concerns onthis form ie he wants to divorce me and take the children and you want shared legal or primary legal custody and you want primary or shared legal custody immediatly as you are fearful he will leave and take the children you will get an answer within one hour and then he cant take the children while you are at the courthouse if this dosent work get a restraining order form fill it out just dont sign it or date it the minute he threatens to take the kids again or starts to sign it date it give it to your local police department immediate custody with just a call to the police department besides you dont need to have the kids see you fighting or worse to be arrested again and go to jail just over a stupid fight. if you need more help call ro talk with your probation officer believe it or not it is there job to keep you out of trouble and safe and this includes your children also by him telling you to stay at home instead of working he cant hold that against you if you need more help or wanna talk more i am on yahoo as marinechef2003 i hope this helps and good luck

Answer 5

As long as you are not an unfit mother he cannot take the kids away from you. Go to an attorney and get leagal advise. Dont let him bully you into staying with him, he sounds abusive. You have rights and just because you made one mistake a few years back doenst mean that you are a bad mother or unfit to take care of your kids. He sounds like a real jerk you need to get away from him. Good luck.

Answer 6

Besides for that your record is clean, it just sounds like he is trying to intimidate you. You should really consult a lawyer but tell him that you will get custody, child support and alimony do not let him bully you around.A court will give custody for the children's best interest keep your head up and again do not be intimidated by him, google your state and family court sometimes it will give you at least an insight to what you can expect. Good Luck.

Answer 7

First, he doesn't decide, a court of law does.
Second, your felony will be microscoped by the judge to see if it will interfere with the proper treatment of the children.
Third, he doesn't really want them,he's just trying to scare you.

To be honest....let him have the kids! You can get a job and pay him 20%...which is DIDDLE next to what it costs to raise them...if he's got so much darn money, let him see how easy it is. Then when the girls come see you, you can spoil them and give them everything they want...and send them right back to daddy.

You'll be the best mom and he will be the meanie who makes them go to bed and brush their teeth and do their homework. MARK MY WORDS...They will think your the greatest, and you'll have your life, and your freedom to boot!

He'll be the one on the verge of loosing his job because he has to take so many sick days off cause the daycare is closed or because the baby is sick. You can have a stable career without those worries!

Answer 8

Talk to a lawyer. You can look up the number of your local bar asscoiation (city is it is big or county) and it cost you about $30-40 to have 1/2 hour consultation with a lawyer. You can ask for family law and they rotate the lawyers around. He/she will give a fair opinion of your options. Of course they want you to hire them but if neither you nor your husband have much money, the lawyer might just give your practical options.

Answer 9

NO! IT doesnt not 100% mean that you couldnt have custody of your children (also depending on the state you live in)! My mother had one felony....(ever in her life) and had gotten a divorce and full custody of us kids....(we're adults now-all but one).....

Think on a positive level girl.....and if you have to I'm sure you could find something on him!

Answer 10

I'm not an expert in law, but your felony has nothing to do with taking care of your children. start looking for jobs and applying for aid, like food stamps and daycare assistance. get your stuff together before he does it, that way you will look prepared to the judge. call his bluff, it sounds like you'll be better off without him.