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Is it possible to get custody? How much? What should i do to maximize my chances?
Anonymous11 views1 answers
My wife and I have a 4-year-old son. We are living in Arizona. She constantly threatens divorce and kicks me out of our home for the night for mundane and menial reasons. We lived separated for about 2 years. I was living and working in another state. I was paying for everything for her and my son to live - all of the bills, spending money, everything. I recently relocated and we are cohabitating. Before the moved away to AZ, she flipped out on me and was hitting/burning me etc. She plea-bargained in court and got 2 counts of simple battery for this. The court ordered a year of domestic violence/anger management classes, which she never completed. This was roughly 3 years ago.
I gather from your post that you are planning to file for divorce then? If so you can then present your case as to why you should be the primary residential parent, and for the sort of legal custody you desire.
Custody generally refers to legal custody, i.e. decision making authority for things like school, healthcare, religion, etc. Normally parents will be given joint legal custody in a divorce absent circumstances showing that one parent isn't fit to make decisions for the child. Her history of violence is a start..
Physical custody is more commonly referred to as parenting time. Assuming you divorce the Court will try and give each parent sufficient parenting time to maintain a relationship with the child - again, absent those circumstances that may show they are unfit to parent the child, such as domestic violence, etc.
If you are worried about her leaving the state with your child you should file for divorce immediately. This will prevent her from removing the child from the State while the case is in progress. I would then present the evidence of her violent past and anything else that would convince the Court that the child's time with her should be limited. Keep in mind, however, they will also consider which parent has been the primary caretaker for the child throughout his life. As you were away for a few years this may have some bearing on their decision to limit her parenting time.
You should seriously consider hiring an attorney to help you in this process. Divorce in itself is not easy - adding children into the mix makes it very difficult to do on your own.
