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    babymuma89's Avatar
    babymuma89 Posts: 1, Reputation: 1
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    #1

    Apr 23, 2011, 11:51 PM
    I have been separated from my husband for 3 and a half months.
    I have been separated from my husband for 3 and a half months he lives with his family and I moved back in with mine. Our son is 2years old and we agreed that he would have him Friday to Sunday though he doesn't stick to it and makes up excuses why he can't take him. His mum complains to me saying I need to pick him up early the next day because she's stuck looking after him. His threatened me twice now today was the second time saying if I'm not home when he drops him off I'm never going to see my son again. I want to know my rights as a single mother and whether I can get full custody of our son. He works off the books so he gets paid cash every week and his on centrelink he barely gives me any money to help out and recently received $4,600 from a hush family loan they were doing with in the whole family. He buys and sells cars and his family make and sell illegal movies. How do I go about getting full custody and am I entitled to anything from him? I need help asap!
    Bluerose's Avatar
    Bluerose Posts: 1,521, Reputation: 310
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    #2

    Apr 24, 2011, 04:16 AM

    You can apply to the courts. You’ll have to go talk with a lawyer or a solicitor.
    talaniman's Avatar
    talaniman Posts: 54,327, Reputation: 10855
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    #3

    Apr 24, 2011, 08:53 AM

    You need a divorce lawyer to find out your rights, what you are entitled too, and to represent you in court to get those rights enforced.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Apr 24, 2011, 09:10 AM

    When you left your husband,you should have gone right to a divorce lawyer. You should have had a court order temporary custody and temporary support.

    So that's what you need to do now. The fact that he works off the books is going to make it hard to get support. But you may be able to impute the income. For example, I assume before you left him you lived in an apartment together or did you live with his parents? If an apartment, rent had to be paid. So that can help show income. This is all things an attorney should do for you.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Apr 24, 2011, 09:11 AM

    I don't know what you mean by "full custody." If you mean you will be custodial parent, you already are. If there is no Court Order the person who controls the child controls the situation - that's you.

    If your child is in danger from neglect or something else, don't let your husband visit with the child away from you.

    He can threaten all he wants. Tell him to take you to Court.

    You need to take HIM to Court and get an Order concerning visitation and child support.
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