My estranged husband is extrememly abusive and has not been living in my home for at least 3 years. He has never been involved with raising or financing anything to do with the child. Husband has been living with "trash", to be nice, for years. He filed divorce papers against me approximately 18 months ago and because he was "unable to substantiate the claim" - he had no grounds, his attorney had to drop the charges. Though there was a temporary order which allowed him to take the child for visits, he was not allowed overnight visits because of his adulterous situation. The visits always resulted in frightening situations for my child. Therefore, I chose not to get the divorce in order to keep my son from more exposure to this situation. Is there a course of action whereby I can get complete custody of my child. I would appreciate any legal help available with this situation. Thank you!
2007-07-01 02:53:07 · 8 answers · asked by wmw's 1 in Family & Relationships ➔ Marriage & Divorce
Yes, please seek out an attorney and get legal custody! I did the same thing when my ex and I broke up. I put off a divorce just to stay away from him. As it turned out, without legal full custody and no divorce, my ex was able to get my children from my mother while I was out for the night. He took my children and i didn't set eyes on them for almost a year. It was the most terrifying experience of my entire life.
The problem is, in most states, the mother does not automatically have rights to the child. If given a chance the father can take them with no consequences. And, a temporary order for visitation is easy to walk around, unfortunately. My ex did just that after i got my children back. And, it was another 2 months before I saw them. I wasn't comfortable until I got full custody with supervised visitation at family and children services.
Please, get this taken care of as soon as possible. I'd hate for you to go through what I've had to go through.
2007-07-01 03:02:42 · answer #1 · answered by Anonymous · 1⤊ 0⤋
I don't know where you live but it doesn't sound like the US, as divorce in most states need no reason. However, it seems abandonment issues of your husband would be grounds enough for a divorce and custody. Talk to an attorney.
2007-07-01 03:17:14 · answer #2 · answered by pappysgotitgoinon 5 · 0⤊ 0⤋
You will get custody of your child along with child support in divorce court. With objection from you he might get supervised visits due to the hostile environment dad provides, if hes lucky to get that. The law is on your side here so use it and dont be afraid to get a protective restraining order against him to protect you and your child.It will also help tremendously if you need the police. You will need whatever solid evidence and/or character witnesses you can get for court and also keepa record of any contact with him. You need not worry here.
2007-07-01 03:40:19 · answer #3 · answered by Arthur W 7 · 0⤊ 1⤋
yes...get a family law attorney, and get one fast.
you wont be able to prevent him from seeing the child with custody, but you will have a better hand with the situation.
are you going to get remarried? if so, your new husband could adopt the son, only if your ex refuses to help you financially with him.
2007-07-01 03:10:40 · answer #4 · answered by poodle mom 6 · 0⤊ 0⤋
You need to take out a loan and hire a lawyer in Santa Clara County Cali.
2016-05-20 01:28:34 · answer #5 · answered by ? 3 · 0⤊ 0⤋
You need to be the one to get an lawyer and file yourself and at the same time you can ask for custody.
2007-07-01 03:37:46 · answer #6 · answered by janeyr 2 · 0⤊ 0⤋
IF you live in the U.S. there is nothing you can do. He has just as much right to HIS child as you do by virtue of the fact that the two of you are STILL MARRIED.
2007-07-01 03:29:53 · answer #7 · answered by hexeliebe 6 · 0⤊ 1⤋
The best advise I can give you is talk to attorney, it is more important that you do that instead of ask here. Please call someone and make an appointment.
2007-07-01 02:57:47 · answer #8 · answered by bluebird 4 · 0⤊ 0⤋