Can he recieve primary custody in this situation?

Lauren - posted on 03/21/2012 ( 1 mom has responded )

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My husband and I are getting divorced and have a nasty custody battle... We both have a history of depresson but mine was postpartum and corrected with vitamin shots from the doctor. He has a horrible temper and it keeps coming out, he recently threatened to kill his friend for confronting him about hitting me. He was physically abusive, but when I called 911 he threatened to take our kids to mexico if he went to jail, so I lied to police and now I have domestic violence on my record. He is drinking heavily and my family sees it. I drank during our relationship and he is trying to say I have an alcohol problem... I live with my parents now and I never even have a single drink with dinner. He has threatened suicide to many people recently...My 3 year old cries and cries and beggs me not to make her go when it's time to see him, my one year reaches out his arms to my mom when she hands him to my husband. At the begining of the divorce, my family sided with him as I was depressed and drinking and making poor decisions... Now that I am not depressed and making poor decisions they are with me and so there are supporting declarations from my family for both of us.... He is trying to get me to have two days a week for two hours supervised because he does not want to pay child support. The Temporary order gives him 4 days/week and me 3. It is only this way because the threatened me into signing the paper, I did not have an attorney at the time, now I do. Does he have a case, can he actually recieve primary custody??

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Katherine - posted on 03/21/2012

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Have you had custody the whole time? I mean physical custody? I don't THINK he has a case, but it does sound pretty messy to me. I would start going to AA meetings and have people sign a piece of paper that you were there. Maybe rehab isn't a bad idea either......I would definitely take the advice of your lawyer though as we aren't lawyers here on CoM.

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