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Wanting advice on winning a child custody case?
I have 3 kids, my husband is not abusive physically, but is emotionally. He can't cook, clean, etc, but does have a good job. He knows the judge working on our case and I'm afraid if we get joint custody, that I'll have to live in the same town until my small children are grown. I want full custody. Is there any hope to switch judges? Any tips/resources on getting full custody?
4 Answers
- 1 decade agoFavorite Answer
Good luck most state feel that it is in the best interest of the children to have both parents in their lives and they are correct. You will have to prove that he is abusive in someway in order to get the courts to see it. As far as living in the same town no you won't they can't make you, however, you must be able to stay with in the courts guidelines of visitation arrangement and the like. It is a big battle that you will have to fight.
- astutewomanLv 61 decade ago
If he knows the judge you can ask that the judge step down from the case.. it could be a conflict of interest...
Howeverm why not shard custody - that is usuaally in the best interests of the kids... with YOU having primary residential custody..
DO you not have an attorney? I would find one... representing yourself in a matter this big is a mistake.. no matter what you have to do, get an attorney...
And yes, most states have laws that say you must reside within a certain reasonable distance of the other parent... (50 miles or so, depending on the state)...
Find out what the law is in your state..
And if you can prove he is abusive then he will not get custody - but proving is hard... do your kids see a professonal therapist?
- Anonymous1 decade ago
If you have proof that he is emotionally abusive to the children (that is tangible proof not hearsay) you can bring tht up in court, the fact that he doesn't know how to cook or clean means nothing, he can learn. Sounds to me as if the only problem you really have is not being able to move as if there is something somewhere else you want to pursue...your children come first.
- Anonymous1 decade ago
Is it really fair for the kids for you to have full custody? Is he a bad father?,,sometimes, lady, no matter what judge is up there, they can see thorugh unfairness. Make sure you want this for the right reasons.