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Can he get 50/50 rotating custody of an infant?

 My emotionally and physically abusive husband filed for divorce when I was 7 months pregnant because he suspected that I was leaving.  He filed a motion to have me stay (in the state), but a judge ruled that I could go to another state to have the baby where my entire suport system is.  He constantly harasses me and tries to get me to come home by saying such things as I will miss out on some of our baby's "firsts".  His first attorney fired him because he continued to harass me.  Since the judge's orders were verbal and not actually entered into with a signature, my attorney advised me to stay in my current state.  I have since had the baby and she is almost 6 months old.  My husband has hired another attorney and filed a motion to get me to come back to his state with the baby.  He likes to say that I am trying to deny him the right to his child after I have told him repeatedly in emails that I am not.  He is very controlling by nature.  He has been a cop for almost 20 years and is retiring in a month. I did provide him a plane ticket to come and see our child (when she was born)and when she was 3 months old.  He said that he wanted to take her to the hotel where he could spend time alone with her and he would keep her overnight.  I told him that was impossible since I was breastfeeding  and I gave him some other options.  He told me it was not my place to tell him where to spend time with his child and He told me he wasn't coming, then changed his mind back and forth.  There was no court order for visitation and I was afraid he would take off back to his state with my daugher since my attorney told me there was nothing legally keeping him from doing so. He did end up coming after he said he wasn't and called me when he was on his way from the airport and told me to have her ready and that he would take her to the hotel and bring her back in a few hours.  He ignored everything I said.  Later he said he wanted me to come to the hotel so we could talk about getting back together.  It is so confusing. He got the police here involved, but they saw right through him. Thank goodness because he has used fabricated cop issues on me before.  It seems like he wants to use our daughter to get me to come home. Do I even have to add that he hasn't given me a DIME since he filed for divorce?  And, one of the most disturbing things to me is that he tried to tell me that  I should start feeding my baby formula because when a judge orders me back that is what he is going to do when he gets her.  That is clearly not in the best intrest of our child.  My qestions are:  Does he have more of a chance to get shared parental custody (joint 50/50 custody) since he is going to be retired?  What are the chances that I get to stay in my state since it is my daughter's home state?  And it is reasonable for me to request some type of supervised visitation?  How much does a judge look at past emotional and physcial violence when it comes to child custody?  (He has children from another marriage and is emotionally abusive to them.  He has only been phyical with me)   Sorry, I know this a long entry

by pom   5 Posts 
Posted on 10/14/2008 4:55 PM
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Answers for "Can he get 50/50 rotating custody of an infant?"  (11) (You must be logged in to answer)




ok no worries - we know where your disrespect is directed at lol

glad to help...I'm here if you have any other questions throughout this process...
by spaznskitz   3921 Posts
Posted on 10/15/2008 5:32 PM
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Thanks for making me feel a little better today. I do appreciate a realistic picture of what court will be like.  I honestly hope that he will be a good Dad and really wants the best for our baby girl.  I pray for a miracle everyday :)  I'm sure everyone on here feels that their kids deserve nothing but love.

I do know some very nice cops, including some of his friends that tried to warn me somewhat in the begining of our relationship.  They all make fun of him for being "high strung" and call him "stress boy".  didn't mean to disrespect his profession whatsoever.



by pom   5 Posts
Posted on 10/15/2008 3:25 PM
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I agree--in court, his actions are going to speak louder than your words. If he hasn't been around the child very much, for extended amounts of time, that's going to say mountains to a judge. Try not to blacklist him in court. Answer the questions you are asked honestly and as calmly as you can. The truth will set you free...
by marybecca2   424 Posts
Posted on 10/15/2008 12:26 PM
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I took into consideration everything you posted - the cop issue - hence why I figured you had no real evidence - it isn't my first time dealing with what you are going through. They can be manipulative bastards. I've found a lot of law enforcement to be unstable - the manic need for control is what drives them to the profession I think. (not to say I haven't met some absolutely fantastic people who are law enforcement - can't discount the whole group as looney toons lol)

Anyway, like I said, you need to look at this in a new tact. Focus on the fact he has been somewhat of an absentee father...mi