wil he get full custody ? divorce court in a few days?? sort of ong question here...?

Question

well my husband is 30 no license, no car, lives with me on and of his mom and sister on and off.

hes been picked up atleast 6 times in the past 2 years for driving under suspension, caught with marijuana atleast 5 times in the past 2 years, ive called the police on him so many times, i even had a restraining order for about 2 months on him,...

the thing is, he has a lawyer and i dont and i cant afford one at this point...


im in college full time , i dont work i just go to school but i have my own house.

what do you think???

im nervous cause he has a great lawyer, the best in this town..
any ideas????

THE MAIN REASON IM SCARED IS BECAUSE I DONT HAVE A LAWYER

Answer 1

Not unless his atty and him can prove you unfit via child and/or drug/mental abuse charges. Contact your local legal aid assoc. for free helpif you qualify. From what you wrote I see no problems for you no matter how good a atty he has. The most his atty probably can do is get his support payments lowered if hes lucky but seriously doubt it here. Good luck and Happy Holidays

Answer 2

there are lawyers that will take payments and will work with you my husband and I currently owe I'm sure around twenty grand to are lawyer for husband kids two years case we have not paid anything to are lawyer in three months yet he is still kicking but as if we have over paid him. look in the phone book if not then go to legal aid they might be able to help you if not then here is what to do get all the police reports bring them for evedence and his arrest record too. ask the court to do an inspections of his and your living conditions before making any choices as to who should have full custody if all else falls and he does get custody just sit back and wait for him to screw up then hammer him hard in the mean time get a job and start putting money away for the day he screws up if you loose. what ever you do do not ever say this is what i want. say i feel this is best for our yes our child that way you can rise above him and show the judge you care about the kids need and wants more then your own.

Answer 3

nicely, it sounds like there are some especially stable solutions on right here (for the main area), so i've got no advice, basically wanted to prefer you nicely and that i wish issues artwork out on your son's sake. so a techniques as being an atheist, i'm not sure why every physique might show you how to be responsive to to maintain it quiet.(i'm a Christian, yet not right here to choose or maybe talk that.) in case you're open approximately it and are not considered one of those persons who shove their ideals (or lack thereof? not sure the thank you to be conscious it) down their little ones throats and encourage them to discover for themselves, i don't see that it would be a issue while attempting to get custody. as a techniques through fact the guy commenting which you "deserted" your spouse, they of course do not see the gravity of the region and the certainty that this could not be a petty argument approximately faith, or who did who incorrect contained in the marriage, yet with regard to the well-being of your new child. returned, i wish all works out and that your son gets the attention and drugs that he desires.

Answer 4

you can get a lawyer from a agency that do it for free kinda of thing, we have here called legal aid, and he if has convictions on a list the size of my arm and you are a fit mother and have a safe home environment for them the judge will decide what is best and by the sounds of it it is you, but i wouldnt have him staying at your house just visitaion for the kids if you have a restraining order

Answer 5

So, get a lawyer. Any money in any bank account he has had since you've been married is a marital asset. That makes whatever money he has 50% your's now either get a lawyer or don't but don't whine about it.

Answer 6

You don't need a lawyer to win in court. If you are a truly good parent then relax.

Answer 7

The only reason the kids would not be placed with you is the fact that you have no job. How would you support the kids. I don't however see the judge putting them with him with his past.....

Answer 8

You can get free legal help in most circumstances. Look in the yellow pages. The courts will be on your side.

Answer 9

The judge will assign you an attorney and reschedule your hearing.You have the right to counsel.

Answer 10

None of this is legal advice, but I'm going through the process now, so here goes...

First, educate yourself. Immediately. Check a large bookstore such as Borders for the best divorce books you can find. It has to a book specific for your state, or it's worthless. Nolo Press has some good ones, and make sure that you read the section on selecting attorneys. Walk out of the store and save money (you'll need it) by ordering it on Amazon.com if it'll help you know where you are in your case. The $20-30 the book cost is equivalent to maybe 6 minutes with an attorney, best to know the basics yourself and use the attorney for the serious legal work. Read the book cover to cover, then refer to it again as needed.

Ask the divorced 50% of the people you know what their divorce involved, and what it costed. Take notes. Find out what the original retainer was, vs. the final bill. Ask them what worked, and what they'd do differently. Ask about their attorney (get referrals).

Since as a student you don't have a lot of income, check at the courthouse to see if there are drop-in hours for advice. In our county the Family Court has attorneys who volunteer to come in and do "pro bono" (free in attorney talk) work for people who can't afford $150-350/hr.

Then look up law firms who practice Family/ Divorce law. There may be a list managed through your State Bar Association. Call one and ask them if they do pro bono work. They either won't or may be full with pro bono clients at that time, but ask for a referral. Attorneys vary greatly, so always get a referral. Interview several.

Every time you get a law firm on the phone, also ask who's good but doesn't cost too much. They all see each other in court, so they know who's effective, who's sloppy, and who's easy to work with. Ask who might be willing to work on an hourly consulting basis (not charging a large retainer fee up front).

Have a very frank discussion up front with any attorney you might work with. Find out what response time they'll commit to. Things will come up where you need a quick answer, and they should commit to an 8 working hour turnaround or less. Some apparently have never worked for anyone but themselves, and are accustomed to doing whatever they like. If your attorney is not working for you, fire him/her as soon as possible, but find your new attorney first so you're not left hanging.

Never go to your attorney and assume that they do your divorce for you. It's your divorce, you own it, and you'll be accountable for the results in the end. If you don't educate yourself, if you don't prepare, if you don't tell the attorney exactly what you want and what you don't want, the process and your ex may drive you in uncontrolled directions and costs will skyrocket.

Most importantly of all, try to identify what you can agree on and not dispute in court or through attorneys. Don't actually sign anything without consulting an attorney. If appropriate (in your case and your state) try to take the remaining issues to a mediator to negotiate - only one attorney to pay and your settlement discussions are facilitated. If you do get a settlement offer during mediation, DON'T SIGN ANYTHING UNTIL YOU GET THE OPINION OF AN ATTORNEY THAT REPRESENTS YOU ONLY (guess what mistake I made?)! Worst case you might split with your ex the cost of an hour or two of the mediator's fees, but you should come out with a decent idea of what your case involves.

Share with your ex the detailed info you gathered on actual divorce costs. See if that might help encourage him to mediate, and settle with less attorney and court involvement. The way I pitched it to my ex was that if attorneys and court would cost us $20,000 (we're blowing past that now, but trying to keep it from doubling), we have a lot of room to make compromises and meet in the middle on issues if we can settle as early in the process as possible and avoid those costs.

if you're getting divorced, why the heck is he living with you part time? Since it's your house, ask the attorneys how you can get him out ASAP (if that's what you'd like). Hopefully if he's not around you won't have to call the police quite as often. Ask about legal separation and financial separation in case either or both might help you protest your assets. Make sure you have sufficient cash in an account that he doesn't ahve access to, but don't move money around after papers have been filed until you know what your rights are (generally living costs are OK).

If it's 50% his house though, you might owe him 50% of market rent if he moves out.

Whatever you do, don't get sucked into a fight using attorneys. The only winners in those situations are the attorneys.

On the custody, courts generally favor Moms. Judges favor people with fewer or less serious convictions, fewer police complaints or restraining orders, and who have houses that the kids can live in. You should have a huge advantage. You should get child support, but since he's not working you can ask the the court to order that a vocational assessment be done on him, and he'll pay based on what he's worth employed (even if it's manual labor at minimum wage, he's worth something and he's not supporting his children now). When the bills are due, he'd better get a job in a hurry (he'd better get one ASAP now).

If he doesn't pay court-ordered child support, he'll owe interest and you can often get free help collecting through the state child support services department (they often can have any future employer garnish wages). If he had income and supported you during in the last few years (such as while a student or if you stopped working to raise the kids), or efen if he typically made more money while you both worked, he may also owe you alimony.

Best of luck!