What to do if I’m pregnant and want a divorce since my husband has said that he doesn’t want anything to do with me or the baby, yet will fight me for custody?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if I’m pregnant and want a divorce since my husband has said that he doesn’t want anything to do with me or the baby, yet will fight me for custody?

He has also claimed he was going to take me to court for full custody. I live by myself in a 2 bedroom and he lives in his brother’s basement where drugs are done consistently. I don’t know where to start on the divorce; I’m 3 months pregnant.

Asked on July 3, 2015 under Family Law, Kansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

For the sake of you and the baby please relax.  This is a most difficult time for you I am sure.  The joy of being pregnant overshadowed by your husband's rants.  There is nothing that can be done as to custody until the bay is born.  So I will give you the basics about that but you need to put it aside for now and think only of you and the bay's health.  Now, courts do not generally favor sole custody to one parent unless it can be prioven that a parent is unfit.  Living with drug users can be a good plus on allowing supervised visitation and never an overnight.  If he is doing drugs too then that could be a factor on your side. What the courts generally decide is joint custody as to decision making with one parent being the custodial parent (who the child lives with) and the other getting visitation. The circumstances of his living situation as you state them to be has me leaning twoard you as the custodial parent. As for starting the divorce, go and speak with a lawyer for a consultation.  If your husband is in agreement then it will be easier.  But under what is called a no fault ground he can not deny you the divorce.  It will be granted by the court with a little extra work on the attornye's part.  Good luck. And congratulations!


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption