My husband is emotionally abusive to me. I have 3 children. I have been home with them for 18 years. Will I get custody of them?

Custody of children is determined by what is in the children's best interests. Typically, a judge will keep children with their primary caregiver unless there is a really good reason why the primary caregiver shouldn't continue to care for the children. Sometimes if there has been physical abuse or threats of physical abuse by one parent against the other parent, a judge will consider that in awarding custody to the parent who did not commit the abuse. The fact that a spouse does not work should not negatively affect that parent's ability to be awarded custody, and in fact often demonstrates that the parent at home was the primary caregiver and therefore should continue to be the primary caregiver. Whether you can move out of state with your children is a legally complex question and depends on a lot of variables and is something you would need to consult with a lawyer.

From what you say, he has done nothing to the children, so why deprive them of contact with the father. If you move, the husband can file an action against you in Probate Court. You should really seek counsel. Does this answer your question? henry lebensbaum, esq. 300 Brickstone Square, Ste 201 Andover, ma 01810 (978) 749-3606 420 Common St., Ste 101 Lawrence, MA 01840 (978) 685-2690 [email protected] I usually check email every few hours during the day. (by appointment only) PLEASE NOTE that: (1) e-mail communication is not a secure communication method; (2) any e-mail sent to you or by you may be copied and held by various computers as it goes from sender to recipient; (3) emails may be intercept by persons improperly accessing your computer or my computer or even some computer unconnected to either of us through which the e-mail passes. I am e-mailing because you have agreed. If you change your mind and want future communication to be sent in a different mode, please advise me at once. The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) named above. This message may be an attorney-client communication and/or work product and as such is privileged and confidential. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this e-mail in error. Any review, dissemination distribution, or copying of this message is strictly prohibited. If you have received this e-mail in error, please notify us immediately by e-mail and delete the original message.

There's no way to predict for certain what will happen in any court case; but the pattern you describe is a common one, and in general, under Oregon law, child custody is awarded to the parent who has spent most of their time raising the children. You can read more about these laws here: http://www.northwestlawoffice.com/custody.html