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Can I stop my divorce and regain custody of my girls back?

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dawn francis

Junior Member
What is the name of your state? New York

My still legally wed husband and I have been going through a divorce for a year and a half now. He has temporary custody of the girls because we both subjected to a drug test in court. That day I would have had full custody of my girls. But I admitted that I had used drugs to the court before the test was to begin. The test was never performed. My husband automatically got temporary custody of our two girls. A week later, a hair sample drug test was done. My test turned out negative, because my drug use was very short term. My husband's test turned out positive! He still was granted temporary custody! (I would just like to note that we never used together).

I then checked myself into a 3 month drug rehab center to get myself clean and sober. I felt I needed to do this for myself and my girls. Plus I had no idea to what extent his addiction was. He was give me back the girls once I came out but he did nothing but alienate the girls from me. He has taken money away from me and has made it impossible for me to live in NY. I had no choice but to move back to Ohio where my husband and I are both from and where both of our families reside.

My husband now gave 30days notice to the court that he moving to California and taking the girls. I have been fighting this divorce for so long now. He didn't countersue me for divorce. I was wondering if I stopped the divorce right now would the divorce and custody be null and void? I still legally am his wife as there was never any seperation agreement between us. I will not allow him to take my girls away from me. I need to know if I stop the divorce now if the kids then can stay with me and I will let him sue me for divorce when he wants to. But in the mean time I will have girls and will be the pri**** caretaker again as I have been for the last 14years.
 


stealth2

Under the Radar Member
You need to talk to a lawyer. Simply withdrawing your petition isn't going to magically return your children to your custody.
 

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