Can I file for child custody without a home or a job?
My husband and I share a rental house with both our names on it. He required that I stay home with my son for about the first 10 months and then I got a job. He recently forced me to leave the house through his violent and abusive actions. He would not give my son to me and refuses to let me take him for overnight visits or otherwise. I know I can pick him up at daycare and take him. I also know I can file for child custody. However, I have no home of my own since he has forced me out of the home I had with him. Everything in the home is mine, but he has paid all the bills and provided the baby's necessities. He is now threatening me with child support and abandonment charges. We had an officer come to the house because I wasn't leaving without my child and he was being violent. As of yesterday, I lost my job and must find a new one. What should I do to see my child? We have not been apart more than a day since he was born. Do I file for temporary child custody papers without a home or a job?
Answered By: Beaulier Law Office
Any parent can file for child custody. However, Courts make child custody decisions based on what the court believes to be in the best interests of the child. It requires a review of any relevant circumstances which would certainly include a review of each parties residence and issues related to stability for the child. Such facts, however, are not viewed in a vacuum, many other factors including the past history of parental care would be considered.
Answer Applies to: Minnesota
Replied: 11/7/2011
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Answer Applies to: Minnesota
Replied: 11/7/2011
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Answered By: The Law Office of Kem Eyo, LLC
Yes, you can request custody without having a home or a job. Based just on the information you've provided, it appears that it would be in your best interest to have an attorney assist you. You can retain one and ask that the fees be reimbursed. Alternatively, you can contact the Georgia Legal Services Program to see if you qualify for a pro bono attorney.
Answer Applies to: Georgia
Replied: 11/7/2011
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Answer Applies to: Georgia
Replied: 11/7/2011
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Answered By: John E. Kirchner, Attorney at Law
Yes. That doesn't necessarily mean you will succeed. If you and your husband cannot agree on what is best for the child, a judge will have to make that decision based on all the facts and circumstances, including the fact that at the very least your husband would be required to pay child support. You need to consult an attorney to discuss your options in filing for a divorce rather than simply custody.
Answer Applies to: Colorado
Replied: 11/7/2011
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Answer Applies to: Colorado
Replied: 11/7/2011
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Answered By: Law Office of Michael W. Bugni
Certainly you can file. The question will be whether you can be successful at getting the child. That is going to depend upon the picture that gets painted for the court. The misbehavior of the father is going to have to be presented in a way that convinces the court that it is better to give the child to you than it is to leave the child with the dad. As part of that, you will probably have to put together evidence of his misdeeds beyond just your description of them. You will probably need to hire an attorney to help with this.
Answer Applies to: Washington
Replied: 11/7/2011
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Answer Applies to: Washington
Replied: 11/7/2011
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Answered By: Law Office Of Kay M. Perry
You should file a Petition for Divorce and request temporary orders that address child custody, child support, and property issues. The court can order him to pay you child support and can also order that you get temporary use of the home while the case is pending and maybe even order temporary spousal maintenance also (or order him to pay certain bills).
Answer Applies to: Texas
Replied: 11/7/2011
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Answer Applies to: Texas
Replied: 11/7/2011
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Answered By: Warner Center Law Offices of Donald F. Conviser
File and serve a divorce case and an Order to Show Cause for legal and physical child custody, child support, spousal support, and attorney's fees, and file a request that the Court waive filing fees. If you can't afford an attorney, go to your local Superior Court's Self-Help clinic for assistance. If you can borrow money from a relative or friend to retain an attorney, do so.
Answer Applies to: California
Replied: 11/7/2011
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Answer Applies to: California
Replied: 11/7/2011
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Answered By: Dunnings Law Firm
If both of your names are on the rental agreement, you have as much right to be there as he does. If he has been abusive, particularly, physically, you could file for a Personal Protection Order(PPO) to keep him out of the home. It would have been helpful for you if you had called the police when he was physically abusive. Talk to Legal Aid.
Answer Applies to: Michigan
Replied: 11/7/2011
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Answer Applies to: Michigan
Replied: 11/7/2011
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Answered By: Law Office of James Bordonaro
You should file for either a protection from abuse petition and request temporary possession of the home or file a temporary custody petition which requests possession of the home. Think the first option is better in the short term. But, you do need a place to have custody in the long run. However, you can get child support from ex and apply it to an apartment. You may qualify for a place in a women's shelter that would allow for custody too. Call Kansas legal services too.
Answer Applies to: Kansas
Replied: 11/6/2011
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Answer Applies to: Kansas
Replied: 11/6/2011
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Answered By: Law Offices of Paul A. Eads
You should file & request exclusive use of home & custody.
Answer Applies to: California
Replied: 11/6/2011
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Answer Applies to: California
Replied: 11/6/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Offices of Arlene D. Kock
Please file your divorce petition as well as a restraining order request for his removal from the home if he is being abusive. You should also file a motion child custody as well as for child and spousal support.
Answer Applies to: California
Replied: 11/5/2011
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Answer Applies to: California
Replied: 11/5/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Reza Athari & Associates, PLLC
Yes. It doesn't matter if you own the home or have a job. The determining factor is what is in the best interests of your child(ren). In some cases, your spouse could be responsible for your maintenance until you find a job.
Answer Applies to: Nevada
Replied: 11/4/2011
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Answer Applies to: Nevada
Replied: 11/4/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Ashman Law Office
Filing for custody with no home obviously is a bad idea. Find a place to stay. Then find a lawyer.
Answer Applies to: Georgia
Replied: 11/4/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Georgia
Replied: 11/4/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office Of Jody A. Miller
You do need to file for a divorce. Consult with and retain an attorney to represent you. I would strongly recommend against representing yourself. It is possible to ask the judge to force your husband out of the home and have you return. But you need to discuss the case with a lawyer who is going to represent you so they can get the background and ask the questions they need to in order to properly advise you.
Answer Applies to: Georgia
Replied: 11/4/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Georgia
Replied: 11/4/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of James Lentz
You are asking a lot of questions that are very personal to you. I would suggest your first call should be to the Legal Aid Society. Their resources are stretched, but they may be able to help. To succeed you must have a lawyer, and need to find new employment and a place to live. I would suggest a woman's shelter should probably be your second call.
Answer Applies to: Ohio
Replied: 11/4/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Ohio
Replied: 11/4/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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