Can my husband get full custody of my child?

Question Details:

My marine veteran husband recently walked out on his job. He left me and my 3 year-old daughter, I work 2 jobs to pay the rent and get ahead. He broke my $400 phone and didn't pay for it. He took my car andstopped making payments on it. He has been cheating with many woman. He doesn't give me any money for anything. He keeps saying he's going to fight for custody of my daughter, can he do that?

Asked 12/25/2009 under Divorce, Marriage, Alimony | 308 View(s) | More Legal Topics

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Divorce, Marriage, Alimony Law Answers

Norman Gregory Fernandez / Law Offices of Norman Gregory Fernandez Answered 2 years ago | Contributor with 0 answers This attorney is licensed in California

You may give me a call for a free consultation at 818-584-8831 x.1. I presume you are in Victorville. I will be in Victorville Court on Monday for a family law case.

Norm

www.divorce-legal.com

Under the law in most states parents are given equal rights to custody of children in divorce actions.  As for physical custody it is no longer assumed that only a Mother can adequately raise a child in their house and Fathers given only visitation.  Parents are usually give joint custody in decision making, etc. and sometimes parents who work together split physical custody as well.

Courts are hesitant to give full custody - no rights in decision making, etc., - to only one parent.  But your husband can fight you, yes.  Courts consider and decide custody issues "in the best interests of the child." His behaviour can be a factor in determining his ability to care for your daughter.  Seek legal help with all this.  There are legal services for women that are either free or inexpensive.  Legal Aide as well.  Good luck.

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