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short122

Junior Member
What is the name of your state (only U.S. law)? South Carolina

HI, I am currently trying to end a three year marriage with a verbally and physically abusive husband. We have one two year old child together, and a home. I currently have no hard evidence of the physical abuse besides word of mouth, and have only text messages, and emails of verbal abuse. He deleted my recordings of him on my phone. Also, he is on the deed of the house with me, and I have no say so on who go goes and stays. I want to keep our child in the home, and I believe I should be the one who stays, considering all financial, and home care has been mostly by me. I am in a situation where he does not want to go and refuses to. Ive been through a lot mentally because of this man, and cant be in this enviroment any longer, but cant leave my child in it either. I cant leave the home with her, without me getting in trouble since he has say so. And I most definetly will not leave her alone. I feel stuck in my home with him, when I just want to be left alone, and go on with my life. He has tortured me enough and doesnt care at all about any of our belongings. I tried to mediate with him, but he refused, and constantly yells. I need out, and need out now. What do I do.????
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? South Carolina

HI, I am currently trying to end a three year marriage with a verbally and physically abusive husband. We have one two year old child together, and a home. I currently have no hard evidence of the physical abuse besides word of mouth, and have only text messages, and emails of verbal abuse. He deleted my recordings of him on my phone. Also, he is on the deed of the house with me, and I have no say so on who go goes and stays. I want to keep our child in the home, and I believe I should be the one who stays, considering all financial, and home care has been mostly by me. I am in a situation where he does not want to go and refuses to. Ive been through a lot mentally because of this man, and cant be in this enviroment any longer, but cant leave my child in it either. I cant leave the home with her, without me getting in trouble since he has say so. And I most definetly will not leave her alone. I feel stuck in my home with him, when I just want to be left alone, and go on with my life. He has tortured me enough and doesnt care at all about any of our belongings. I tried to mediate with him, but he refused, and constantly yells. I need out, and need out now. What do I do.????
You are perfectly free to leave the home and take your child with you. You cannot get into any trouble for doing that. He of course would be free to file for custody and attempt to have the child returned to the marital home, but if you have been the primary caretaker for the child, and can prove that, then he likely wouldn't get anywhere with that.

You can also file and ask for temporary possession of the marital home as well a temporary custody of the child, pending the outcome of the case.
 

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