My husband and i have been married for almost 4 years and are going through a divorce, we have a 3 month old.... my husband has severe PTSD and anger problems. he has only given me about $200 for things that she needs,he has never gone to a dr's apt for our child or when i was pregnant. and he has threatened to kill me . Will i get full custody of my daughter...
2007-10-26 18:03:02 · 12 answers · asked by Nicole L 1 in Family & Relationships ➔ Marriage & Divorce
I believe two things need to happen:
First, Your attorney will tell you what your chances are as s/he knows your case thoroughly. Most likely joint custody with the child living with you.
Second, get him into counseling asap. If you do divorce he will be granted visitation rights. In your home right now, probably, because she is an infant. But as she grows he will be allowed to take her. Without some help for his temper, won't you be scared to have him take her alone? You really, really need to discuss this with your attorney. The attorney should be able to get the court to order him to have psychological testing or counseling. And then there is also the possibility of him changing with help from the counselor. Good luck!
2007-10-26 18:22:31 · answer #1 · answered by DPL06351 5 · 0⤊ 0⤋
full custody is sometimes a stretch even in the worst situations because unless you have solid proof, some visitation may be required. The first question, is Will he actively seek out the child since he hasn't shown an interest them before? The second question, are their any police reports, police calls, er visits etc. that can show he is violent? Is he seeing a therapist? The therapist may be on his side and try to convince the court he is working on his issues. Most of the time mother gets joint custody with the mother having majority custody... That is the norm unless you have solid proof and proof that goes against a therapist. If you have a good solid case than you might have a case for at least supervised visitation. But better to fight hard for supervised visitation than to say, he can't see them at all, because they may just rule that he should have half custody because it looks like you are doing this out of spite. You have to do what is best for your child though. Stick to what your gut says, and don't back down if you really believe that he is a harm.
2007-10-26 18:11:58 · answer #2 · answered by tammy p 5 · 1⤊ 0⤋
You don't mention what state you live in. Family law is different between the states. Has the PTSD been officially diagnosed and when was the last time he had an episode? Have you requested a restraining order since he threatened to kill you, or, are you just saying that now because you want custody? These are all things which need to be addressed and answered first.
Stelluci - in CA it is not standard to give the mother custody but rather the courts here try to arrange shared custody.
2007-10-26 18:09:02 · answer #3 · answered by Anonymous · 0⤊ 0⤋
There could be a lot of possible outcomes and getting full custody is one of them. Number one thing is to always have the child's best interest. Get legal advice and take the legal steps to deal with the divorce and custody. The courts these days will want to allow the father the chance to be a part of the child's life. Remember the courts have the finally say. Just do your part and deal with the next chapter when you come to it.
2007-10-26 18:13:22 · answer #4 · answered by HDizaye 2 · 0⤊ 0⤋
you will more than likely get full custody and the court may order him to undergo treatment of some nature before he even has visitation, especially if you have some documents to show the PTSD and anger problems. You attorney also has to get a restraining order for your protection since he has threatened to kill you. If you think he may be serious, check your house for ways to protect yourself - a deadbolt of some kind for the front door for example and get something like mace or pepper spray to keep with you at all times. good luck with the divorce and custody hearings.
2007-10-26 18:29:16 · answer #5 · answered by Al B 7 · 0⤊ 0⤋
Given your child's age, you would most likely be awarded custody. It's not always a slam dunk, as you could end up with some stupid idiot judge that's clueless, but your odds are far better than his.
2007-10-26 18:09:35 · answer #6 · answered by drewxjacobs 6 · 0⤊ 0⤋
Regardless of his issues, most courts will award mothers custody of their children. His problems just make it that much more difficult for him to get visitation rights, at least with supervision.
2007-10-26 18:06:53 · answer #7 · answered by Bellicosa 5 · 1⤊ 0⤋
most generally, unless he can prove you unfit.. you need to have witnesses and some type of financial proof that he is not supporting you or your daughter. and this threatening has to stop have you had any protective order or a junction placed on him to keep him and his messages from you.. seek legal advice soon.. and stay away from him if this doesnt work go to an abuse shelter and stay there.. they'll protect you from him.. good luck
2007-10-30 18:12:31 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Most likely....if you can prove that he is unfit and has issues it should be relatively simple to get full custody.
2007-10-26 18:07:47 · answer #9 · answered by DavidV 3 · 0⤊ 0⤋
Ask your lawyer not some shmo on yahoo!
2007-10-26 18:07:02 · answer #10 · answered by Anonymous · 0⤊ 0⤋