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Can my husband get custody?

Where to start.??? Will try to be brief. Left husband in January after his arrest for assaulting me. (simple misdemeanor, no injuries) I grabbed the kids and moved back to my home state without talking to him about it. (no cpntact order was in place) I filed for divorce there. He tried for custody of our son. I agreed to drop the divorce and attempt counseling while he attempted to move to IN (where I am now) I knew from the start that the reconciliation would probably not work, and even told husband and his counselor I would only give it a 5% chance. We had a few good meetings over the summer, but also many arguments. When I had been in IN long enough, 6 months, I filed again here.

So, no we have a custody hearing coming up. Our son, 7, has been with me since January, except for 6 weeks during the summer. Is there any chance my husband can get custody? We just had a fight over the phone. His theory is that, since I "lie

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Asked by Anonymous at 9:12 PM on Oct. 8, 2009 in Relationships

Answers (6)
  • I can't see it happening he would have to prove you to be an unfit mother.

    Answer by QandA at 9:14 PM on Oct. 8, 2009

  • I'm going to say no. The courts don't usually like to take children away from their mothers and they're not too keen on giving full custody to parents that on record for assault. I wouldn't worry too much about it.

    Answer by mrsjonzy at 9:27 PM on Oct. 8, 2009

  • I know from experience, it can happen. Money talks, so if he gets a really good lawyer, watch out. My ex did and got to the judge first and said all sorts of things that were completely untrue, but still left me looking like a horrid mother (although to me, if the judge had a brain in that head of his the first question that should have come to mind is if I was truly that bad, why in the world did HE, the ex, stay with me so long and subject our children to that?!?!). I was a SAHM, no money, and so no chance of getting a good lawyer.

    Answer by edcmyangels at 9:28 PM on Oct. 8, 2009

  • Can happen. Judges are trying to be "fair" nowadays and do joint custody agreements

    Answer by Anonymous at 9:50 PM on Oct. 8, 2009

  • It is always possible but there are so many types of custody now that you can give him some type of custody without giving him your son. Ex. you can give him joint custody where he can help make decisions regarding things in the child's life while you keep physical custody of him except for holidays (or whatever you agree to).

    Answer by admckenzie at 9:56 PM on Oct. 8, 2009

  • OP here. Thanks everyone. Joint custody will not be possible as we are two states away. Unless husbads suddenly quits/loses his job, our son will have to live with one of us and not the other. Honestly, I don't think the every other week schedule would be good for my son because husband is so controlling. He would be constantly using issues with the boy as an excuse to get into my business, control where I go or not. I hesitate to bring all this up in court though. It would be hard to prove that he could just make life painful for all of us.

    Answer by Anonymous at 10:03 PM on Oct. 8, 2009

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