QUESTION
Can my husband win custody of my children over me?
Asked on Oct 25th, 2011 on Child Custody - Colorado
More details to this question:
I'm not 100% sure I'm leaving my husband yet but I'm thinking about it. I am extremely unhappy and it's not good environment for my son. I have one son (age 2) and a daughter on the way due Dec. 12th 2011. I'm currently a stay at home mom and have no income or family to help me out. I'm scared to leave my husband because he says he will take my kids away from me and he would win custody. I have been the main caregiver in my son’s life and he has an attachment to me. Even when I work in a day care, he went to work with me. My husband work nights and go to bed between 12:00 and 1:00 p.m. and work from 10:00pm to 7:30 a.m. He is also an alcoholic. I don't want to take our kids away from him completely but I don't think he's fit to have primary custody of them. Would I be able to get custody, when I don't have a job, income, or a place to live at the moment?
8 ANSWERS
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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Yes.
Answered on Jun 03rd, 2013 at 12:06 AM
The court will look at all aspects - his alcohol use, his hours at work, your living conditions, EVERYTHING, and decide what would be in the best interests of the child. If you win, he will have to pay child support and you could get some relief from that.
Answered on Oct 28th, 2011 at 12:17 PM
It is possible, but you do need to establish a place for them to live. You have to be able to provide the bare necessities to the children and prove how you are able to do so.
Answered on Oct 27th, 2011 at 2:26 PM
Glen Edward Ashman
No one can give you odds but your odds shrink without a lawyer and improve with counsel.
Answered on Oct 27th, 2011 at 1:35 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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Based on the few facts you've provided, it looks like you would be the primary caretaker regardless of your limited income.
Answered on Oct 26th, 2011 at 6:17 PM
Considering what little bit you've said, you would probably be the primary residential parent. However, like everything else in this business, there are simply no guarantees of anything. Further, the statute has a rather long list of factors to consider, that you haven't really addresses. Be that as it may, you really should see about getting someplace to live and a job. Those issues could impact the parenting plan.
Answered on Oct 26th, 2011 at 5:21 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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You can apply to the court. The standard of review is the best interest of the children. I suggest that you seek employment. The one thing that keeps women in bad relationships is children and no job.
Answered on Oct 26th, 2011 at 5:13 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Nobody can answer that question without more information. Obviously your husband "can" win custody (meaning it is possible), but that doesn't mean he "will" succeed in a court case. A judge will have to decide what is in the children's best interest after hearing all relevant information.
Answered on Oct 26th, 2011 at 4:55 PM