My husband took my 2 year old


#1

My husband was physically and verbally abusive for three years. I never filed a police report because I didn’t want him to lose his job. At the time, I was still in love with him. He talked about kicking me out daily, and I finally left him 2 months ago. I allowed him liberal visitation and he would alternate visiting with our sons because the baby is a lot of work and he didn’t think he could manage both. One is 2 years old and the other is 6 months old. My husband refused to sign a seperation agreement after he found out how much he would have to pay in child support. He decided it was cheaper to have custody. My husband took my 2 year old son for a visit and when I called him to find out when he was bringing him home, he said that he was keeping him. I have filed for custody, but the trial is not set yet and it will be months according to my lawyer. My husband allows me visits as long as I give up my 6 month old as collateral. If I don’t switch the boys out, I can only have a supervised visit, and according to his time schedule. Is there anything I can do to change this? Is it possible for him to deny me my son and take him under the pretense of a short weekend visit? My lawyer says it would look bad for me to file for emergency custody, but I don’t think he is giving me all the answers I need. My husband tells me that his lawyer told him to keep our son and that he also was advised that he does not owe any child support. He says that I am only divorcing him to punish him for the abuse, which he denies ever happened. Lately, he has been trying to get me back. I don’t know what to do and i just want my son back. He is only 2 years old. He needs his mom. I was a stay at home mom for 2 years before I left my husband. My sons don’t get to see each other because i have to give up one to see the other. I am scared that he will find a way to take my baby too. Please help me.


#2

I agree with your lawyer that this situation, although terrible, is not one where an emergency action is warranted, though I do not believe inaction in simply awaiting the hearing is appropriate either. I would suggest having your lawyer file a motion for a temporary parenting arrangement (if your county rules provide for the same), another option would be to set a temporary custody hearing on the calendar.


#3

I talked to my lawyer this afternoon about getting a temporary custody hearing but he said that if we did that we would go into the hearing unprepared instead of waiting it out and having more time. My worry is that he says the hearing wont be until march or april and we filed the papers in August. Will it be better for me to go into the hearing without being fully prepared or waiting and letting him have custody until the hearing? I don’t know if the advice he’s giving me is good advice or if i should get another lawyer who will push harder. I am desperate to settle this so i can get my son back. My husband is a very good liar and im afraid that he will try to make it look like abandonment. He already lied on the counterclaim and said that I asked him to take my son because i could not care for him. Thank you for responding. I just don’t know whether to trust my lawyer or find a more aggressive one.


#4

Temporary hearings are very short and are meant to put a schedule in place which ensures regularity and consistency before a full trial can be had. The purpose of these hearings is to deal with the exact situation you are experiencing. I would advise you to seek a second opinion regarding your lawyer’s advice.


#5

Thank you so much!!! I appreciate the advice!


#6

You are most welcome. I wish you all the best.