How to remove children a threatening environment when ex-spouse has custody??
Question Details:
I've been divorced for my husband for 6 years but I've also been back with him for 6 years. He has legal custody of our 2 children. He has threatened our youngest that if she screws up again he'll bust her so bad they will have to put him in jail (she's only 12). This is just a tiny fraction of what he has done or is doing. He uses me as a punching bag at times. I did get bold and slap him back but I got locked out for 1 hour at night; my girls woke up because of his yelling. He says if I call the cops he will **** himself before they get here. Can I legally take my kids out of this mess?
Divorce, Marriage, Alimony Law Answers
Unfortunately, no, you can't simply pack up yourself and your daughters and leave. It's possible that ultimately a court would back you up, but it's risky, and I think there are probably better ways.
Don't allow yourself to be slowed down by his threats about what he'll do if you call the cops; I very much doubt that he would actually do that because people who mean to do that don't usually talk about it first (and if he actually does, it's his sickness and not your fault). The next time he hits you, or one of the children, make the call, file the domestic violence complaint and get the restraining order to put him out. Then file for custody.
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