# Divoced and Child Custody Issues



## mitsi_mirage (May 10, 2010)

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!


----------



## bluebird20 (Feb 7, 2011)

Well I work in the area of your concern to some degree (child protection). I am not sure of the laws in your state but I would say things are resting in your favor. He will have to file for a modifcation of parenting time. It is possible the judge may give him 50/50 but I doubt he would ever get sole custody given the things your telling me. I would encourage you to have good documentation of everything to take with you to court, the domestic violence charges, his living arrangement, drug charges, etc. Also in my area we have a lot of resources for women going through this sort of thing. You should call any domestic violence agencies in your community, even if it says they are a shelter or what not. They will most likely have some legal resources for you regarding your situation. The original custody judgement should still be standing until you go before a judge again and it is changed.


----------



## mitsi_mirage (May 10, 2010)

I don't want him to get 50/50 custody because of his living arrangements. There are nothing but men living there, and I am afraid that someone might try to "sexually moleste" her. 

I appretiate your feedback, thanks!


----------



## believer (Apr 22, 2008)

from what is stated above, I believe that whatever was stated in your divorce decree stands unless another filing is done. So I would assume that you would still have the custody & if the father wants to try to get it, he would have to go through the proper channels to get that changed officially on paper. 
The court is always going to look at what is best for the child & from what you have said, I don't think there should be any question as to whom would be the more fit parent. 
If you are concerned about violence - not sure if you would want to look into getting a restraining order to protect yourself & daughter? 

sound like you have your act together - working, going to school & being a good mom- keep up the good work & your daughter will thank you one day


----------

