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

    Sep 15, 2011, 10:34 AM
    Can my husband get custody of our two children?
    In February I left my husband and took our two children ages 3 and 4. He was very abusive toward myself and them but I never reported it. I have been trying to file for divorce but he won't sign the papers to go the cheap easy way. He hasn't seen my children in 8 months and a few months ago he was arrested for felony check frad. This morning he called and said he's going to pay $250 and get a divorce and take my children. He said I won't even know until he shows up at my house with the police to get my daughters. Is this legal? Can he really do that? We live in different states so if they try to notify me and he lies and says he doesn't know where I am will they just post it in the news paper?
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Sep 15, 2011, 12:48 PM
    He can file and try as is his right as a parent... but it's the court the decides who gets the custody.

    And you WILL know about (in advance) and be at the custody hearing unless you refuse to show up. It won't occur in secret. I suggest looking for a lawyer now.
    kcomissiong's Avatar
    kcomissiong Posts: 1,166, Reputation: 276
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    #3

    Sep 16, 2011, 07:30 AM
    Just an addition... he doesn't need to sign ANYTHING for you to FILE for divorce. Once you file, your state has jurisdiction, and you remove any chance of his getting a hearing out of state that he could hide from you.

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