Question

Husband forcing me to move back in or else

Asked 30 January 2013 · 1 answer

The question

Separated from husband in May of 2012. We have 1 child together with her current age of being 9 years old. He no longer will allow our daughter to stay with me. Threatens me with her.

My husband is trying to force me to move back in with him by the end of this month (Janurary) He has told my daughter that if I don't move back in that she and I will never see each other again. He also refuses to let her stay with me because of the fact that I live with another man and he tells her that where I live in Satan's place. I feel that I have to move back in as I am scared of him and fear that he will make it where I will never see my daughter again. I don't have money for an attorney and if I don't move back I would want at least joint custody with me being the main parent. But he said because I live with another man that he will see to it that he gets full custody. Can he do that? I take her to the doctor and dentist. She is fed well, clothed, and I take her to school and pick her up from school. There is proper shelter and utilities where I live. But can he take her from me because I live with another man?

From the LawyerCentral forum archive. Originally posted 30 January 2013 on a legal forum that has closed. Names and contact details were removed. See the original (Internet Archive).

1 answer

Visitor answer 5 February 2013

He has an empty threat. The standard for family law is the Child's Best Interest, not the social life of the parents. In other words, courts look at what is best for the child. Courts believe that it is in a child's best interest to be with both parents unless one of them is abusive. Your husband sounds psychologically abusive; his behavior will only hurt him later on. Be sure to save any phone records or text messages which shows your husband is trying to control you.

As to living with another man, this should not hurt your chances unless your husband can somehow show that the other man would be abusive or somehow hinder your daughter's development. If this other man is helping you pay your bills and could help you raise your daughter and is not a negative influence on your daughter (ie doesn't do drugs), than this new man might actually help your case (word it carefully though, he should not be a replacement father unless you can prove your husband is indeed abusive).

I am not a lawyer. Please see a family lawyer for legal advice.

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