QUESTION

What do I do if the father is threatening to take the kids?

Asked on Feb 11th, 2013 on Child Custody - Arizona
More details to this question:
I have been a SAHM for 3 years to our 3-year old and 2-year old. My soon to be ex is threatening that he wants 100 per cent custody and he will win because I have no income at the moment. I do currently have a job lined up to start in the next two weeks as well as I already have in place childcare assistance and food stamps. I am not moving from the home as I will be able to afford rent. He is saying because I caused him financial debt that he will win the kids. I am so scared to lose the two little loves of my life. Please help!
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8 ANSWERS

His position is not supported by the law. If you have been the caretaker if the children and have not harmed; you will not lose your children. You will need a lawyer.
Answered on Feb 17th, 2013 at 9:19 PM

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Finances are separate from child custody. Find an attorney and ask for your ex to pay your attorney fees.
Answered on Feb 17th, 2013 at 8:07 PM

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Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
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Simple answer is to ignore his threats because he is totally wrong. First, your lack of income can and will be partially fixed by the court requiring him to pay child support, so that argument is totally off base. The idea that you "caused" him financial debt will have any relevance to custody question is ludicrous. Any decision by a judge as to where the children live will be based only upon what is in the best interests of the children and nothing else. If you have been the primary caretaker for all of these kids life, it is almost impossible for him to have a legitimate argument for "100 percent custody" because the first principle of what is best for kids is to have two parents actively involved in parenting. Once he learns that parenting is different than owning a dog, he will probably show his true colors. And, since you are apparently not married, he has to overcome the first obstacle that so far he doesn't even have any clear parenting rights.
Answered on Feb 15th, 2013 at 2:40 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Do you have an attorney? If yes, talk to your attorney. If no, get an attorney. Call the Idaho State Bar for a referral. In either case, your husband is blowing smoke and trying to intimidate you into giving up something, child support or the house or something. It probably worked when you were together and he thinks it will work now. Your attorney is your best defense against an intimidating ex to be. Rely on your attorney to get you through this.
Answered on Feb 15th, 2013 at 2:39 PM

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In Ohio, it would be extremely unlikely your soon to be ex will will get anything other than shared parenting, spousal support payments and child support payments. Get to a lawyer today. You will not be able to navigate this without one. By the way: men are generally dominant in relationships, and women tend to believe them as a result. He is trying to intimidate you into a less than adequate award of marital property. Don't let him do that.
Answered on Feb 15th, 2013 at 2:39 PM

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John Arthur Smitten
Consult with an attorney. Do not listen to his threats.
Answered on Feb 15th, 2013 at 2:39 PM

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Personal Injury Attorney serving Overland Park, KS at Ankerholz & Smith
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His argument that he should have the kids because you caused him financial hardship is silly. Consult an experienced family law attorney.
Answered on Feb 15th, 2013 at 2:38 PM

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You need to fight back. Your husband is intimidating you. In Arizona, the policy of the state is absent some significant reason, i.e. substance abuse, etc., both parents should have frequent, meaningful contact with both parents. In determining legal decision-making (formerly legal custody) and parenting time, the court's look at what is in the best interest of the children. Whether or not you have incurred debt is not a factor in determining legal decision-making and parenting time. You need to consult with an attorney so that you understand your rights.
Answered on Feb 15th, 2013 at 2:37 PM

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