I recently left my husband. We have 1 child together and 1 on the way. My husband still lives down south, and I moved to delaware (with the child). In delaware, my husband is considered a repeat offender and has several felony charges and is also a known drug user. Currently, he is not on drugs however. He doesn't have a car or a place of his own, and never stays at the same job to long.
I am trying to work things out with him where we don't have to go through the courts, but he is being an a--hole. He sends me all kinds of emails about how he's going to make sure I don't get any help from welfare, and how I can't make him pay child support b/c were married, and how he's going to get the kids.
I have several questions-
If we r married but living in seperate states n he isn't supporting his child, can I get child support? What about help through welfare?
Is it possible that a judge would grant him even JOINT custody? With his record?
He was put in jail for a few months for assault on a pregnant female (me) but was never convicted b/c I didn't show at court - would the judge still look at that?
We were married in SC- can I file for legal separation in delaware, or do I have to travel all the way to SC?
What are my options in this case? Are there lawyers out there that I can consult about this for free?
What is the best thing for me to do in this situation?
Serious answers only please!!! Thanks to all in advance!Help! i need some legal advice on custody / child support / divorce !!!!?
Then only way you can force him to give you child support, is by involving the court system. You would have to file a Motion for Child Support. With Welfare, you are going to have to apply for that.
Custody decisions are determined by what the best interests of the child are. And it is the presumption that it is best for the child for each of the parents to be equally involved in the child's life as much as possible - therefore, they would LIKE to reward him joint custody. However, the circumstances with him there is a chance that he might not get it... depends on the judge. If you don't want him to have it, you're going to have to show that he is unfit to be able to parent this child. However, even if you are granted sole custody, you aren't going to be able to deny visitation... he's still the kid's dad, and he has a right to visitation [[even if he isn't paying support]].
You should have showed at court. No, if he wasn't convicted, it's not going to matter. Because you didn't show, he was found innocent. Sure, you can try to bring it up again in family court, but you are going to be embarrassed when they ask you, ';well, why didn't you follow through with your allegations of abuse?'; and just assume that you made it up.
You can file for a legal separation in Delware if you have been a resident long enough. Every state has a different time period. If you just moved there last week, probably not.
The best thing for you to do is to find a lawyer. They have discounted legal service programs in every state for people who cannot afford legal representation. I suggest you find one of those.Help! i need some legal advice on custody / child support / divorce !!!!?
That's a whole lot of questions. (lol) I'll just say this. Remember that no matter what you claim your husband has done.......it still HAS TO BE proven in a court of law. The burden of proof is on you.
I suggest seeking MEDIATION. That is a way to avoid paying an attorney, and stay out of court. But...your ex has to cooperate in order for you BOTH to benefit from a mediator.
If your ex wants to fight you for joint custody, the judge will MOST LIKELY rule that way unless your ex is a danger to your child, and you can PROVE that your ex is a danger to the child. But since he has been in so much trouble with the law, you will MOST LIKELY be granted temporary sole custody of your child, until your ex can prove to the judge that he can be a responsible PARENT.
The jurisdiction for your marriage will stay in SC, so yes....unless you file for ';change of venue'; to delaware, you'll have to travel back to SC.
The judge will ALWAYS rule based on ';what is in the BEST INTEREST of the child'; Not anyone else.
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