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Will the court give custody to a known abuser?

My husband was awarded temporary custody of our baby in June of this year. His reasons were because I told him I was going to flee with the baby back to Canada! This is true I did say this. However we are now going back to court on this Friday to settle everything. Including custody. The thing is my daughter has never been with him since he was awarded custody, she has been in Florida with his parents, and he is in north dakota. Anyway. While I was with him he was very abusive to me. I have 1 picture that shows me with 2 black eyes caused by him, and also my sister had to come and pick me up from north dakota in August of 06 because he beat me and I wanted to leave him! And she will be in court to testify on my behalf about this! Will the judge take this into consideration when we go to court? Will this help me regain my daughter? Will they give custody to someone who is a known abuser?


Asked by Anonymous at 5:19 PM on Oct. 8, 2008 in Relationships

This question is closed.
Answers (5)
  • Did you ever get anything official? A police report, a restraining order, anything at all? There is a good chance that even with the photos and your sister, he will get visitation at least. Has he ever been abusive to your baby? What you need is a very good, very experienced attorney. You'll also need to establish that you have roots where you are, to assure the judge you won't flee (even if you secretly plan to). If there is anyone else that can testify on your behalf, get them involved. What about your parents? When he got temporary custody, were you allowed visitation? If he has been denying that, it will work in your favor.

    The sad fact is, it is very hard to predict what any given judge will do. Get a good lawyer and do it yesterday. It's your best hope.

    Answer by jespeach at 9:17 PM on Oct. 8, 2008

  • It is doubtful!!!! Talk to a lawyer even if it is just a consultation, they will be able to give you some much needed advice!

    Answer by Anonymous at 5:34 PM on Oct. 8, 2008

  • it honestly depends on the judge. whatever the judge thinks is how it goes.

    Answer by Anonymous at 5:46 PM on Oct. 8, 2008

  • If he has a record of child abuse they will not let him have a child. If he has hurt you and you never said anything until now, they might. Im not a lawyer but i did just go through the training for foster care, and i know that the system will want to know that he is fit to take a child before they will just give the baby to him. Good luck.


    Answer by bubblebean at 6:23 PM on Oct. 8, 2008

  • I'm not sure about custody, but they will most likely give him visitation, at the very least. In my situation, I had pictures, police reports, many witnesses. But, because I had no pictures of the abuse done to my son, my ex husband was awarded very liberal visitation. Even with child protective services people on the stand, because there were no pictures.... It really is best if you have a GOOD lawyer.

    Answer by JustaMom82 at 6:31 PM on Oct. 8, 2008