Custody of children in legal separation


#1

I am in the process of fighting for custody of my children from my husband, he has stated that he was told by an attoney that he would get full custody of the children due to the fact that he was the only one working? He did not want me to work, is this a true statement. We have not separated yet, but I need to do legal proceedings in order to move out of State.
One day he agrees to me taking them, then the next day he changes his mind and threatens me that he will fight and win. Could you please answer me.


#2

Your husband will not be awarded sole custody of the children based on his employment status or yours. The courts award custody based on a myriad of factors, and will make a decision as to what is in the children’s best interests.


#3

[quote=“tyler64089”]I am in the process of fighting for custody of my children from my husband, he has stated that he was told by an attoney that he would get full custody of the children due to the fact that he was the only one working? He did not want me to work, is this a true statement. We have not separated yet, but I need to do legal proceedings in order to move out of State.
One day he agrees to me taking them, then the next day he changes his mind and threatens me that he will fight and win. Could you please answer me.[/quote]

Hah, he is blowing smoke. From my experience, he is at a disadvantage. You have been the stay-at-home caregiver, from what you write. As my XW put it when she sued for full custody, she was the kids’ stable base. From my research the judges will want to provide whatever stability they can to the kids.

Even though my XW committed adultery, and I had hard evidence, and she was the one who left me and moved out of the home, the judge didn’t care about that when it came to the kids. Based on her false accusations about my parenting, she was awarded more than 1/2 custody for the first 8 months, and I paid $1600 a month in temporary alimony (PSS) per month. Eventually, the facts caught up to her, and I got 1/2 custody, and will not pay her permanent alimony. The judges imho are just trying to stop from there being horrible injustice. Asking for justice is too much.

Get educated. Do the right thing and if your husband is capable of being a decent father share custody with him.