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i am married with 3 kids. two whom have been living with him. I recently brought them back to live with me. He is very abussive and has medical conditions. We have not taken any legal steps before this but. I have not left the state but i want to know if he can take any action against me. I intend to get a restraining order on him and file for a divorce.

2007-06-17 11:47:48 · 10 answers · asked by ms_acumen 1 in Family & Relationships Marriage & Divorce

10 answers

Can he fight for custody? Sure. Get your order. Then talk to an attorney. DO NOT SEND YOUR CHILDREN AROUND HIM IF HE IS ABUSIVE!

2007-06-17 11:50:50 · answer #1 · answered by Anonymous · 0 0

He can't do anything has long has you didn't flee with the children out of the state.I think you have to cross state lines before the police will get off their butts and go after you for parental kidnapping.But just to be safe contact the police department were you currently are and file a complaint against him for the abuse.They will help you get a court date to ask for an order of protection.If you are careful about the way you word things and make sure you are convincing enough that the police believe you truly feel your children are in jeopardy.They will help you get an emergency order of protection.Which will help you start documenting the abuse charges.You can't just show up in divorce court and accuse him of being abusive because you won't be believable.They judge will feel you aren't being truthful.The judges think if you don't file a complaint the first time the abuse happens and every time thereafter that you are just making things up to make your spouse look bad.And if he is truly abusive you don't want to take that approach.You want to document everything you need to do so immediately because your child's safety is at risk.

2007-06-17 12:30:34 · answer #2 · answered by Anonymous · 0 0

Not really but get your legal action against him going, before he comes upwith a way. You want to get temporary custody and a protective restraining order against him for his abuse and any applicable medical conditions he has. You may need proof of any and allallegations you make so you best get some. By staying in the same state you are doing everything right in case he does file possible spousal kidnapping charges to avoid custody and this is why you must get your divorce going

2007-06-17 12:00:28 · answer #3 · answered by Arthur W 7 · 0 0

persist which includes your weapons and the restraining order. Alcoholism is an ailment and probably, will endanger the toddlers massive massive time. do no longer beleive the be responsive to a substance abuser oine iota. It takes 3 hundred and sixty 5 days to get well sooner or later at a time, and that isn't what oftentimes happends. maximum in AA do no longer get well, and have many relapses. Be a great father, their protector, do no longer ATTEND AA conferences together with her. it quite is all as much as her, and it will take an particularly long term, and there are no delivers. additionally, if in the time of her restoration, would desire to she chosen a restoration direction , she could have intercourse with others. this is the suited straw for you and the tip of the marriage. in actuality. i could initiate a divorce action perfect now against her for attack and endangering you and endangering you and the toddlers. She chosen to drink, end of debate. Soprry, yet there is not any wish so a methods as i'm worried...

2016-09-27 23:40:30 · answer #4 · answered by ? 4 · 0 0

well do you have anything on report with the police stating anything about his abussive nature anything at all such as domestic violence if so then all you have to do is godown and report that you are concered about the wellbeing of the children and would like to pettion the court to remove the childern from his custody.hell even call C.P.S. and give them any info and state that he has a history of abussive behaveior and you are now concered for the children and then the will do all of the legal bulshit.
But you have to go throught the proper steps you cant just remove them from his home and not take them back thats kidnapping unless you do exactly like I said call the cops and tell them that you would like to report abusse and then take it from there...

2007-06-17 12:24:59 · answer #5 · answered by kristy182003 1 · 0 0

you need to do whatever you have to, to keep yourself and your kids safe, just think the next time he is abusive he could kill you or one of your kids. So you need to get away and get that restraining order quick and file for your divorce. You and your kids come first. God Bless You!

2007-06-17 12:00:30 · answer #6 · answered by tannerlady 4 · 0 0

No he can't unless he goes to court and gets emergency custody but you need a restraining order as soon as possible and some kind of custody but if you get a restaining order that;ll stop him for now!Good luck

2007-06-17 11:55:07 · answer #7 · answered by sinful_1971 2 · 0 0

To me this question doesn't make alot of sense. An abusive person can't do anything lillegal to anyone. But just cause he has medical conditions doesn't mean he shouldn't see his kids either.

2007-06-17 12:03:15 · answer #8 · answered by Anonymous · 0 0

He'll probably say you "intentionally" kept his PRECIOUS BABIES just to cause him harm..........
You know,no fair for him since it's HIS kids too.

What you did was RIGHT.
If he complains this to a court, you MUST retaliate saying you did that because then HE'LL abuse the kids too.
I don't want that to happen, and I definitely know YOU don't want that to happen either.
If the court doesn't believe you, you need to find certain evidence that shows "YES, he abused me", like a videotape or audio.

I hope this helps and good luck :-)

2007-06-17 11:57:32 · answer #9 · answered by Kim 2 · 0 0

No, as long as youre in the same state he cant.

2007-06-17 11:50:36 · answer #10 · answered by Anonymous · 0 0

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