We have recently decided we will get a divorce she has no credit line and is telling me she will move out in July '08. She has not been paying for half of the rent or utilities like we agreed on. How can I get her to move out legally without it affecting me when I file for full custody of the child. We moved into this apartment dec. '07 on my credit because hers is shot.She is not on the lease.

She has 3 children from previous marriage and lost custody of them would that be helpful when we go before the judge and I ask for custody of our baby?

Your question suggests that you have set your mind on getting what you want by legal force.
What about some consultation with your spouse? What about a friendly discussion of future arrangements? Why do you insist on custody, instead of the mother?

What I read in your post is less concern, and more revenge... Can that be correct?
If so : WHY?

Why would making her move out affect you getting custody of the baby?
The Judge looks at who has the stability as far as home and financial security, etc...

It depends on WHY she doesn't have her other kids. IF she has already proven to be an unfit mother and she never complied with Child Services recommendations to remedy the situation then it could work in your favor. If her x and her simply decided that he would keep them then it would be up to the court to evaluate everything.
It is pretty much up to whatever the Judge decides. Stability and the best interest of the kids are the key factors though.

Your question suggests that you have set your mind on getting what you want by legal force.
What about some consultation with your spouse? What about a friendly discussion of future arrangements? Why do you insist on custody, instead of the mother?

What I read in your post is less concern, and more revenge ... Can that be correct?
If so : WHY?

I don't read any of that into the OP. Not sure why you do.

As for your advise to the OP, I disagree. While its better that the terms of the divorce decree be mutually acceptable and amicable, they should be set and aprroved by the divorce court.

Maybe he's insisting on custody because he loves the child and is concerned that the mother is not fit!! I think that's pretty clear from his post.

Since a father asking for full custody of a child is fighting an uphill, but not insurmontable, battle, you need to use anything you can. If the mother has a history of problems that resulted in losing custody of other children, that is pertinent information.

What you should be doing is hiring a lawyer who can help you prepare your case.

1. Her credit score will have little to do with custody
2. her losing two other child may, depends on why
3. and you will have to prove she is an unfit mother and a danger to the child for her not to get normally at least shared custody.

Also since you are now divorcing you can not evict her , you will have to go though divorce court for them to order one of you to move.