02-20-2011, 06:28 AM
Join Date: May 2010
| | Divoced and Child Custody Issues
This is going to sound a bit awkward, but it happened.
First of all, I legally divorced my husband in 2008. Even after the divorce, we reconcilled in 2009; but we just separated again a week ago. We have a four-year-old, and now he is threatning me to take custody of her.
First of all, in the divorce judgment, I was granted primary physical custody of the minor. He was awarded visitation every other Saterday for up to four hours.
In regards to child support, the divorce judgment states that he is to pay a certain amount of money to the DCSS on the first of every month.
Since we were only married for almost two years, non of us pay spousal support.
My questions and concerns are that
1) Does the jugment of the divorce be used to show proof that I am the primary custodial parent of our daughter?
2) Could he be awarded joint custody, even if he is an illegal immigrant?
He doesn't have financial stability, and sleeps in the living room of a friend of his... I have called the police on several occassions where he was arrested for domestic violence, and has been incarcerated of DV and possession of controlled substance (drugs).
The apartment and vehicle that we own, is under my name. I have a full-time job, and I am a full time college student with no criminal priors.
I feel intimidated by him, and I don't want him taking custody of her. Please help me!