Question by melissa r: what is the first step to getting custody of my kids in a divorce?
I have 3 kids under 10(8, 7 & 1 1/2) and my husband left the house last night after everyone was asleep and just got home at 6 pm this evening. This is not the first time he has gone on a drinking binge and disappeared for 1-2 days. He always apologizes and says that he got upset at something I said. This time he just walked in with no explanations or excuses. I’m finally coming to my senses and leaving him but I want to make sure I get custody of my children. He is a stay at home father after retiring and watches the baby while I’m at work so I’m afraid he might use me working full time as a way to get custody. What steps do I need to do to get temporary physical custody until we see a judge regarding custody.
Best answer:
Answer by az_mommma
First off you need to get a lawyer who can then file exparte orders asking that the courts grant you emergency custody of the kids until it can all be settled in court.
After that you will have the lawyer to guide you through everything you need to do.
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You need to get a lawyer and prove he is an unfit parent. You need to prove that you can provide a better home life for your children. You need to show that you have a steady job, a house or apartment big enough for you and your three kids, medical insurance, what your going to do with the kids when your at work, where the 1 1/2 year old is going to be while your at work, food for the kids, etc.
You need to see an attorney. Then you will start custody proceedings in a court of law. bettyk
First step is to consult with an attorney that is knowledgeable in such matters. Most attorneys offer free consultations.
Next, prove he’s unfit due to his drinking. If you know for a fact that he’s out drinking all night then your lawyer will be able to get you custody. In most child custody cases unless the mother is proven unfit then custody is usually awarded to her. There is also joint custody where he gets the kids certain days of the week every other weekend, holidays and summers. You working shouldn’t be an issue because you can prove that you can support the children.
Good luck and be strong
The drinking binges are definitely worrisome, but how is he when he’s not binging? How often does this happen?
Your kids are used to having him as a SAHP. How do you think it will affect them if you take that relationship away from them? Would it be possible for them to continue that relationship, but with some kind of safety net in place, some way of pulling them out when dad loses it?
How about a shared custody situation? Don’t you think that would be best for your kids?
yes you need a interim custosdy order make through the courts ,