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custody

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nextwife

Senior Member
What is the name of your state? nc

Okay, my husband and I got into a fight one night and he had me arrested for "communicating a threat". When I got out of jail, he changed the locks and would not let me see the kids. He showed my mug shot to everyone in our neighborhood and said that I tried to kill him and the kids (false).

We went to court w/ our attorneys for temporary custody and the judge awarded us 50/50 custody.

My question is, if my husband eventually gets a job (he is a loser and has not worked so I can keep him up) will I get primary custody in a trial? I work part time and I have more time to spend with the kids if he gets a job. I am worried about this misdomeanor charge and if I cannot get it dismissed, will the judge look at me as a two bit criminal and not give me my kids back. They are 4 and 2. I do want my husband to be involved with their lives, I just want them more of the time b/c they are so young.

Thanks!
If he has been the primary caregiver, then it is likely a judge will retain that status quo. A judge cannot use gender alone as a determiner in awarding custody. "They are young" is not a legally valid reason to favor one parent over another.

Who has been primary caregiver?
 
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Just Blue

Senior Member
If he has been the primary caregiver, then it is likely a judge will retain that status quo. A judge cannot use gender alone as a determiner in awarding custody. "They are young" is not a legally valid reason to favor one parent over another.

Who has been primary caregiver?
Read her other thread...it seems she has threatened the father/children and started a fire...she has charges pending.
 

Just Blue

Senior Member
I was the primary caregiver their whole lives. My husband cannot keep a job and in late Aug. 2007, I broke my hip and he stayed home for 3 months to help with the kids. Now that I am healed he is saying that he is a stay at home dad, but I have affidavits from the nanny, housekeeper, school teachers, etc...that I am the primary caregiver.

He is just such a loser that he wants me to pay for him to live. He has a masters degree and cannot get or hold a job for very long. He thinks that he is better than everyone else. And as for the charges, they were against him, not my children. He is a deadbeat husband and father and he needs to get his ass back to work and be a productive part of society.

Thanks!
If you were the one working and the "loser" father was not...How can you consider yourself the primary caregiver? Were your children at work with you?

From your posting here you would not be a good CP. Being a CP means having the ability to facilitate a relationship with the NCP...You are aggressive and nasty to do that job.
Edit to add:
There is no way you will get primary custody...you will be lucky to get unsupervised visitation.



Today, 10:54 AM
tve
Junior Member Join Date: Mar 2008
Posts: 4

Nobody saw if I tried to set a fire. It is my husbands word against mine (absolutely nothign caught on fire) and then as I was being led out to the police car in cuffs, I screamed I' m going to kill you (only b/c I was angery). That is what happened
 
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Just Blue

Senior Member
I am very angry for what my husband did. I sell RealEstate so my job is very flexible.
He totally set me up. He has been planning this for awhile. You do not know the whole story and how abusive he has been to me.
Is the abuse documented? Police reports? Charges? No? Then as far as the courts are concerned it didn't happen.

You threatened to KILL the father of your children while being taken into police custody...you set yourself up. The police are witnesses and you STBX can and most likely WILL call them to testify in the custody case. I suggest you try and mitigate your damages by seeking mental health care.
 

las365

Senior Member
OP, I am curious. If your husband has no income and you only work part time, how do you afford nannies and housekeepers?

What did you attempt to set on fire?

Also, it will help you if keep your story straight. According to your other thread, your husband didn't "have you arrested for communicating a threat," he called the police because you were trying to burn something (burn the house down?) and while you were being cuffed and stuffed, you screamed at him that you were going to kill him. Nice stuff, that.

He totally set me up. He has been planning this for awhile. You do not know the whole story and how abusive he has been to me.
If this is his master plan to make you look bad and he is the abuser, you have really helped him out with your attempted arson and threat to kill him in front of the cops. Get some therapy.
 

LdiJ

Senior Member
If you were the one working and the "loser" father was not...How can you consider yourself the primary caregiver? Were your children at work with you?

From your posting here you would not be a good CP. Being a CP means having the ability to facilitate a relationship with the NCP...You are aggressive and nasty to do that job.
Edit to add:
There is no way you will get primary custody...you will be lucky to get unsupervised visitation.
I agree that its unlikely she will get primary. However, the judge did order 50/50 AFTER she got arrested, therefore I am not so sure that supervised visitation is all that likely.
 

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