if abandoned do i get custody of the kids in divorce?
my husband left me with no transportation or money for 3 weeks. He would stop by every once and a while to threaten me about signing shared custody papers, and he would be mentally and physically abusive.I have 2 kids 1 and 1 month. I left the state to go live with my mother and father for help without telling him. When we start the divorce will I be able to get full custody? What might happen? Please Please help!
call a lawyer NOW!
Comment by histrionic — February 1, 2010 @ 12:32 pm
I wouldn’t say with 100% certainty that you will get full custody…but you have a much better chance than he ever will….
Comment by ndnqt1966 — February 3, 2010 @ 3:15 am
Well you can get him for abandonment and abuse if you have made any police reports and if you have you can also get a restraining order
Comment by Rick K — February 5, 2010 @ 12:10 am
document all communication with him, get a lawyer, never give him the kids until the courts make you. you can take them and he can’t do squat. you can have joint custody with full possesion. meaning they live with you and he gets visitation. and he will be responsible for medical and whatever your lawyer and you can get. make him suffer for being a prick.
Comment by Okalani K — February 5, 2010 @ 7:26 am
You need to contact an attorney for advice. The abuse will be a matter of your word against his unless you have police reports or similar proof to back it up. I hope you received his consent to leave the state with the children. Even though you’re still technically married, he could use the fact that you fled the state with the children against you in a divorce/custody case. He did take off for 3 weeks, but he did make an appearance at some point. He could spin your leaving the state as abandonment and parental alienation. I’m not defending him or saying it’s right, but it’s something to consider. Get on the phone and hire an attorney first thing tomorrow morning. Good luck.
Comment by rrm38 — February 8, 2010 @ 3:45 pm
I believe now a days, with situations like yours, the courts are more likely to give full custody of children to the Mothers. I would suggest that you sit down and start thinking back as far as you can, and write things down that have happened.
Alot of the times, the court will assign a court leasion to interview both parties and will make recommadations to the court on what they think is in the best interst of the children.
I also suggest that you seek legal councel right away. Its better for you to start the proccedings, that way the court can see how serious you are.
Other then that, I dont know what else to say except that I feel for you and the things you have had to deal with. Remember to tell yourself that you are doing the right thing and you are keeping yourself and your children safe. My thoughts and prayers are with you.
Keep well!
Comment by tigscds33 — February 8, 2010 @ 6:46 pm
Keep a detailed record of his behavior and have witness to it and take pictures of any visible marks caused by him. Maybe this will speak loud and clear of his character.
Comment by j. jakes mom — February 10, 2010 @ 6:21 pm
You will get custody, due to the abandonment, as well as, you are the one who cared for them. Also, make sure you are faultless in all other ways. He may fight it, but he has no leg to stand on after he just left with not correspondance.
Comment by DEFINATELY BLESSED — February 13, 2010 @ 9:49 pm