QUESTION
If I file for a divorce, will I get custody of the children?
Asked on Feb 20th, 2013 on Child Custody - Oklahoma
More details to this question:
I hit my husband with a stick and he called the police. The kids were present when I did this . We went to court on this and I pleaded guilty. This happened in August 2005 and ever since, I have lived with my husband and children. Nowadays he tells me to leave the house .
6 ANSWERS
Family Law Attorney serving Rolling Hills Estates, CA
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John H. Sibbison, III Professional Law Corporation
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2005 was a long time ago. While the incident is still relevant, I believe that the judge will less concerned with what happened 8 years ago than the current circumstances affecting the children. Do not leave the house unless you believe you are in danger. You should see an attorney as soon as possible.
Answered on Feb 25th, 2013 at 1:02 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You should get shared custody. 2005 was a long time ago.
Answered on Feb 25th, 2013 at 1:01 PM
John Arthur Smitten
Custody is based upon the overall best interest of the children. Domestic violence is a factor
Answered on Feb 25th, 2013 at 1:01 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Maybe. You will have to prove to the court that it is in the best interests of the children for you to have custody. However, Idaho promotes joint custody and the courts have an obligation to maintain both parental relationships, so unless your husband is a threat to the children, chances are that you will both have custody.
Answered on Feb 25th, 2013 at 1:01 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I believe the 2005 incident has little or no remaining relevance.
Answered on Feb 25th, 2013 at 1:00 PM
An incident from 7-8 years ago will have some bearing on the custody question, but one event is unlikely to be the deciding factor, particularly when you have continued to live together as a family. Custody issues are determined on what is in the best interests of the children.
Answered on Feb 25th, 2013 at 1:00 PM