Will i get full custody of my daughter?

How can I get full custody of my daughter if I'm still married to her dad?

  • I am planning on leaving my husband (don't try and change my mind please). We are still married and still living together. He does not know that I am leaving yet. I told him that I wanted to and what not so I'm sure he has an idea. My daughter is my life. I don't know what I would do without her. I raised her BY MYSELF for her first 7 months. (she is now 8 months) yes he was deployed but I still had to do everything by myself and we dont live near any family and all my friends were deployed so when i say by myself i mean it. Anyways. I want to make sure I can take her with me (out of state) without it being considered kidnapping which means i need to have full custody, right? Honestly I don't trust him with her. i cant even get him to watch her for five minutes to go to the bathroom. He gets frustrated with her really easily and though he hasn't hurt her yet i know that if he had to deal with her 24/7 something would happen. Bottom line I refuse to leave without my daughter and I refuse to let him keep her. Please give me any information you have on any of this it would help so much! Thank you!

  • Answer:

    First of all, he was deployed, it's not like he had a choice to be gone. Secondly, it takes time to get back to regular life-is he seeing a therapist? Can you go with? You will not be able to get full custody, it's not like he's done anything wrong.

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You CANNOT take your child out of state (permanently) without your husband's permission, PERIOD, full custody or not. When your divorce goes final, you need THE JUDGE'S permission to move. Full Custody DOES NOT give you any right to move such that her father will have "undo difficulty" in having access to his daughter. Until the divorce is final, you NEED to stay close to the area in which you live now -- you may be making MANY court appearances, and if you skip one you could lose custody COMPLETELY. When people get divorced, it shows that they are too immature and stupid to work things out TOGETHER, so they make the decision ot GIVE THEIR LIVES over to a judge for control. if you were married, you would not leave the state without your husband having SOME say-so in the decision. When you get a divorce, that say-so is LEGALLY GUARANTEED. IF the judge gives you permission to move, he will also INSIST that you make more defined arrangements to allow you daughter to see her father ALONE. That would primarily include splitting the transportation problems -- either you drive half way, or pay 1/2 the costs for HIS driving or plane tickets (NOT recommended for children under age 10) It would be MUCH better for you to STAY MARRIED, and spend your money on counseling services.

Get a free consultation with an attorney. Just picking up and leaving with a baby is never a smart move. You need to also remember that this is his child too. Dont blame him that you had to raise this child on your own and dont complain about it. You are the one that decided to marry someone in the military during deployment times and decided to make a baby. It's the risks you took. Keep in mind is that he is entitled to see his child and have visitation time.

You just keep on dropping your panties and screwing around sweetie, you may even screw Mr. Right eventually. He might even come along before you get yourself knocked up again or catch something.

technically you already have full custody...but so does he. since not divorced yet. Im sure it wouldnt be illegal to tkae her but when it comes to to fighting it out in court there is a good change he is awarded at least split and you may need to relocate back due to it. hope things work out for you

Lie , cheat , file false charges , counsel your daughter to believe she has been molested and abused,,,,, you know , the stuff most bitter women do in order to effectively use their child as a weapon against their husbands.

when you file for divorce have your lawyer put the custody in the paper work. The courts tend to favor the mother for custody, and with him being deployed, he is in no position to protest it.

File for divorce and temporary custody, visitation, and support orders at that time. A good attorney would have reviewed all of these options with you.

First off, you can technically leave the state with your daughter before a formal custody order-but it doesn't look good. Here is a law article that talks about leaving the state pre-custody order: http://www.divorceattorneylafayette.com/articles/divorce-and-leaving-the-state-with-your-child/ The judge will look down on that. As far as getting custody goes, it depends on a number of issues. Here is another article that talks about issues in child custody cases: http://www.divorcelawyersoceanside.com/articles/issues-in-child-custody/ He, at the very least will get court ordered visitation unless you can prove him unfit in a very serious manner.

This is an area that only a solicitor can help you with. There are certain things that might make this possible, Abuse by the farther, drinking or drug problems Etc, some medical conditions. Otherwise you will find it very hard to have a court give you full parental control while excluding your husband, if he is the biological farther. This forum will not be the right place for discussing any such matters. As for the person who is trying to get you to go to a web site, you will face the same problem, this is a situation that is particular to your self & family. No general web site can really help you. Talk to a solicitor. Get advise that is tailored to your needs and your situation. Hope this helps. CDR

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