I live in Georgia and I have filed for a divorce from my verbally and abusive husband. He has countered by asking for custody of our 8 yr old daughter which he cursed out on a daily basis until I got a restraining order and had him removed from the house. He is also asking for the house which is in my name only and he isn't working and when he did work I paid the mortgage alone. He has lied and said he quit his jobs to babysit our daughter but yet I have always had to pay daycare for her. By the way, this winner has a son who will be 18 in July but he is over $8,000 in arrears on his child support. I don't want this to be long and drawn out, I want him out of me and my daughter's life. What are the chances of him getting custody of our daughter or the house?

Just curious: do you have an attorney? Does your husband have an attorney? As for the home, he has a claim for a fair division which the judge or jury may award him, or not. This is true for all property acquired during your marriage: cars, boats, furnishings, pensions, etc. Custody will depend upon your unique facts and your judge; some judges show up from under a rock. Judges claim to do what is in the best interest of the child. It is important to develop not only who provides financially, but who provides emotionally. Some important factors for me are: who shops for her, helps her with her bath, prepares her meals, helps with homework, who puts her to bed, who reads to her, who helps her with extra-curricula activities, who takes her to the doctor, etc.

First you need to document everything. Second you need an attorney to advise you what documentation you need to keep.

If everything is as you say, I can't see how he can get custody if a restraining order was granted ordering him to keep away from you and the child. But I would make sure my interests are protected by an attorney.

First thing never let an abusive person in your life even think there taking your kids, any judge will see that and any godamn good lawyer will fight that case for you and as far as the house that's up to you but your daughter explain to the lawyer and the judge that it won't happen over your dead body... they can also put you in a nice abusive shelter and you will have an apartment within a month . So as far as chances of getting custody of your 8yr old daughter there are no chances...

Quote:

---

Originally Posted by tylena

first thing never let an abusive person in your life even think there taking your kids, any judge will see that and any godamn good lawyer will fight that case for you and as far as the house thats up to you but your daughter explain to the lawyer and the judge that it wont happen over your dead body........they can also put you in a nice abusive shelter and you will have an apartment within a month . so as far as chances of gettin custody of your 8yr old daughter there are no chances.....

---

Let me welcome you to AMHD. I appreciate that you want to help, but I'm afraid your advice makes several false premises. First you can't control what another person thinks. If the husband wants to delude himself into thinking he can get custody, the OP can't stop him. Yes the OP should take a stand that she will fight him, but she can't help what he thinks.

Making threats in court like "over my dead body" does not go over well. A party in a court case is much better off documenting their case and fighting it based on the law, then emotional threats.

This woman owns her house and she pays the mortgage. Why would you suggest she go to a shelter and get an apartment? At the worst, if a judge orders that the house is community property and awards him a half interest, she may have to buy him out, but its unlikely she will lose the house.

Finally, one can never predict what a court will do. While it appears highly unlikely he will get custody if what we are being told is true, you shouldn't make guarantees.