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6 Bumps

Can my husband's mother take custody of our son?

I want to leave my husband. I have 3 children, but only my youngest is his. Everytime I try or even say that I'm going to leave, or file for a divorce he threatens to take my son away from me. He has a mental condition, and without me, my husband wouldn't even be able to keep a roof over his head. I have to do everything from taking care of the home, to working to make the money to pay the bills. He recieves SSI. When I approach him with this fact and that a judge wouldn't take our son from me and place him with someone that won't and can't take care of him, he says that he is going to have his mom take custody. When he says that I get terrified, and I am forced to stay. I am miserable, and I need out. My question is, how likely is it that judge would rule in his favor and give his mother full custody of our son? Any advice on what I should do is accepted and appreciated.

Answer Question
 
momkof3

Asked by momkof3 at 9:42 PM on Feb. 11, 2013 in Relationships

Level 2 (8 Credits)
Answers (20)
  • Not happening unless they can 100% prove you're unfit
    funlovinlady

    Answer by funlovinlady at 9:44 PM on Feb. 11, 2013

  • GET A Lawyer!!!
    Crafty26

    Answer by Crafty26 at 9:47 PM on Feb. 11, 2013

  • he is just saying this to make you stay
    and from what you say, so far it is working=When he says that I get terrified, and I am forced to stay
    unless you are a very unfit mother, no court is going to take your children from you

    he is bluffing
    call his bluff
    fiatpax

    Answer by fiatpax at 9:48 PM on Feb. 11, 2013

  • No way they are going to take him from you and leave him with his grandmother unless they can prove you are unfit. He is just using scare tactics. Get a lawyer and get out.
    kmath

    Answer by kmath at 9:51 PM on Feb. 11, 2013

  • They have to prove you unfit. And if they do prove you unfit, and she somehow manages to get custody (which is EXTREMELY hard to do and costly), they still give you plenty of opportunities to get your stuff together and get your child back.
    I know a woman that is a drug addict. She does drugs and sells drugs. She has no idea how to take care of herself let alone a child. She finally had her children taken away but then was able to get them back.
    He is manipulating you. Don't let him win.
    tempsingl3mom

    Answer by tempsingl3mom at 9:54 PM on Feb. 11, 2013

  • Go ahead and go.. the longer you stay the more control he will have over you.
    virginiamama71

    Answer by virginiamama71 at 9:55 PM on Feb. 11, 2013

  • There's no way the rights of your husband's mother, your son's grandmother, will trump yours unless you are proved to be an unfit parent. If you've been paying the bills and taking care of your home and children you won't be judged unfit. Your husband is just shooting off his mouth to scare you into staying with him. Next time he spews that crap, put the phone in his hand and tell him to call a lawyer. Meanwhile, start looking for a new place to live. Don't say anything till you're ready to move, then take your kids and go. That way he won't be able to bully you into staying as easily.
    Ballad

    Answer by Ballad at 10:11 PM on Feb. 11, 2013

  • I would suggest getting an attorney to protect your interests regardless. That said, they would have to prove a lot to be able to take custody away from you, but if he was living with his mother he would probably have a decent chance at getting a good amount of visitation or possibly shared custody. Keep in mind that it will cost them a good amount to force the issue and to take it to court. I would start getting consults from divorce lawyers in your area and get your ducks in a row. Document everything, keep copies of all paperwork that obligates you financially to shared property and I would even go as far as recording his prescribed medications.

    QuinnMae

    Answer by QuinnMae at 10:42 PM on Feb. 11, 2013

  • Are you in some way unfit?
    Otherwise,no, no one can take your child.
    This guy has you scared and wrapped his pathetic little finger.

    You're free to do what you want! Now get out of there!
    PartyGalAnne

    Answer by PartyGalAnne at 10:44 PM on Feb. 11, 2013

  • slim to none
    LostSoul88

    Answer by LostSoul88 at 11:04 PM on Feb. 11, 2013

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