Custody Laws? Please help!

@mfrancq (1806)
United States
January 16, 2007 5:01pm CST
I am in the process of leaving my husband and am afraid that I will lose my son in the process. I have found my own place that has the first two months of rent for free, all I need to do is pay the deposit which is $300. I have already done this, so a home is not a problem anymore. How should I leave to insure that I don't lose custody? I have a job now that pays well, I have WIC for formula, I have a home, I'm going car shopping next week. So, with my situation my "husband" can't say that I don't have a proper home or atmosphere for my son. Anyone have any other suggestions? Please help! I can't lose my son!
2 people like this
6 responses
• United States
16 Jan 07
Well, you basically just have to prove to the court, in the event that your ex files for custody, that you are the better parent, more fit for parenting, can support your son emotionally, mentally, and financially, and that your son wants to be with you. You have to be able to establish that you are a better parent all around, basically. That's an overview for all 50 states. If you want more direct and specific advice, I'd contact a social worker in your county, or family and human services. They would be best, because everything differs according to state and counties.
3 people like this
• United States
17 Jan 07
That is great advice and very true. It might help if you keep records on exactly "what" support he provides for your child. What he doesn't do could be the deciding factors.
2 people like this
• United States
17 Jan 07
Also very true! I can't believe I didn't think to mention that. I deal with situations like this all the time. I do supervised visitations for parents and children who are taken from parental custody. So I see the ins and outs of the custody battles all the time. But I'm from MN.
2 people like this
• United States
17 Jan 07
Okay, I have been through this before also. Do you have a good attorney? Most judges side with the mothers these days. My ex tried to make it sound like I was messing around with alot of other men which wasn't true. You will need character witnesses that can testify on your behalf on what a good mother you are. Do you have daycare lined up? The only thing that might happen is you will have joint custody. You will have the physical custody and your ex will get visitation rights. You shouldn't have to worry as long as there is nothing that he can use to prove that you are a bad mother. If there is anything that he has done write it down with the dates that it happened. I was told that helps out alot. I kept a journal with dates and events that had happened when he had my girls on visits. Just hang in there. You sound like a good mom and you really love your son. Keep me posted.
@msqtech (15074)
• United States
17 Jan 07
I do think the parent who will be best for the child should have custody and the court should evaluate and decide
1 person likes this
@mfrancq (1806)
• United States
25 Jan 07
If you read my response above it says that he has a bad temper and is always calling us names, etc. We made a signed, witnessed, and notarized agreement on his visitation stating that our son will stay with me and he can have visitation as long as he is taking anger management counseling. After he was done being angry with me I was able to get him to agre to some things, so it is working out alright at the moment.
@msqtech (15074)
• United States
17 Jan 07
You need to get a good custody agreement for the separation and be a great parent
1 person likes this
@mfrancq (1806)
• United States
25 Jan 07
We have recently done this. Thanks for the advice.
@emarie (5442)
• United States
17 Jan 07
well, thats seems about all right there. you just make sure you're a good mother. i'm not sure since i've never been involved with a custody battle, but i've heard that the courts normally favor the mother for custody unless she is abusive or an adict which i'm asuming you're not. but there's also shared custody, especially for the sake of the child, the 2 parents should show that they still care of each other and get along
1 person likes this
@mfrancq (1806)
• United States
25 Jan 07
I'm not abusive or an addict. My husband on the other hand has a very bad temper and can be abusive at times. We can still get along, and I still care deeply for him. But I have to make my son come first and keep him safe. Thanks for responding.
@Foxxee (3651)
• United States
22 Jan 07
You probably wont get full custody because fathers have rights as well as mothers. You might get joint custody. I'm sure the courts will split it up. You might have a chance in getting primary custody though, but that is only if the court finds you to be fit. I'm sure everything will work out fine. Your husband just can't get custody of your son just because he thinks you can't support your son. You seem to have everything under control. The courts will listen to both sides. Be strong. Everything will work out.
1 person likes this
@mfrancq (1806)
• United States
25 Jan 07
We have already agreed to joint custody with our son living with me and my husband having visitation as long as he is taking anger management counseling. Thanks for the advice
• India
17 Jan 07
I first wanna know what is the exact age of your child. If he is not a minor (ie 18 or above) then has the right to decide to live with the person he chooses but if he is a minor then the court will look for the best interest of the child (physical, emotional and psychological) and give decision according to it. If the judge thinks child would be brought up better with you then definietly you will get the child's custody. The court may also consider joint custody but will look for the best interest of the child. And now one thing very important...suppose you find yourself in a situation of false allegations of either domestic violence or setual abuse, i strongly urge you to retain competent legal counsel immediately. Cut off all communication with the false accuser (except emergency communications about your child) and document everything. It is often helpful to record conversations either audio or video tape if permitted by local statutes.
@mfrancq (1806)
• United States
25 Jan 07
My son is only ten months old. My husband has problems with managing his anger, which is the main reason of the divorce. We have made a signed, witnessed, and notarized contract on his visitation with our son.