QUESTION
Can I file for child custody without a home or a job?
Asked on Oct 10th, 2011 on Child Custody - Ohio
More details to this question:
My husband and I share a rental house with both our names on it. He required that I stay home with my son for about the first 10 months and then I got a job. He recently forced me to leave the house through his violent and abusive actions. He would not give my son to me and refuses to let me take him for overnight visits or otherwise. I know I can pick him up at daycare and take him. I also know I can file for child custody. However, I have no home of my own since he has forced me out of the home I had with him. Everything in the home is mine, but he has paid all the bills and provided the baby's necessities. He is now threatening me with child support and abandonment charges. We had an officer come to the house because I wasn't leaving without my child and he was being violent. As of yesterday, I lost my job and must find a new one. What should I do to see my child? We have not been apart more than a day since he was born. Do I file for temporary child custody papers without a home or a job?
8 ANSWERS
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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Yes.
Answered on Jun 02nd, 2013 at 10:11 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Yes. That doesn't necessarily mean you will succeed. If you and your husband cannot agree on what is best for the child, a judge will have to make that decision based on all the facts and circumstances, including the fact that at the very least your husband would be required to pay child support. You need to consult an attorney to discuss your options in filing for a divorce rather than simply custody.
Answered on Nov 07th, 2011 at 2:20 PM
Certainly you can file. The question will be whether you can be successful at getting the child. That is going to depend upon the picture that gets painted for the court. The misbehavior of the father is going to have to be presented in a way that convinces the court that it is better to give the child to you than it is to leave the child with the dad. As part of that, you will probably have to put together evidence of his misdeeds beyond just your description of them. You will probably need to hire an attorney to help with this.
Answered on Nov 07th, 2011 at 1:55 PM
Steven D. Dunnings
If both of your names are on the rental agreement, you have as much right to be there as he does. If he has been abusive, particularly, physically, you could file for a Personal Protection Order(PPO) to keep him out of the home. It would have been helpful for you if you had called the police when he was physically abusive. Talk to Legal Aid.
Answered on Nov 07th, 2011 at 1:32 PM
James Albert Bordonaro
You should file for either a protection from abuse petition and request temporary possession of the home or file a temporary custody petition which requests possession of the home. Think the first option is better in the short term. But, you do need a place to have custody in the long run. However, you can get child support from ex and apply it to an apartment. You may qualify for a place in a women's shelter that would allow for custody too. Call Kansas legal services too.
Answered on Nov 07th, 2011 at 9:31 AM
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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You should file & request exclusive use of home & custody.
Answered on Nov 07th, 2011 at 8:59 AM
Glen Edward Ashman
Filing for custody with no home obviously is a bad idea. Find a place to stay. Then find a lawyer.
Answered on Nov 04th, 2011 at 6:50 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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You are asking a lot of questions that are very personal to you. I would suggest your first call should be to the Legal Aid Society. Their resources are stretched, but they may be able to help. To succeed you must have a lawyer, and need to find new employment and a place to live. I would suggest a woman's shelter should probably be your second call.
Answered on Nov 04th, 2011 at 6:35 PM