I would not be able to take the kids with me now. If I leave can I still get custody of my kids later once I get a job and and an apt?

UPDATED: Jul 6, 2009

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I would not be able to take the kids with me now. If I leave can I still get custody of my kids later once I get a job and and an apt?

I have been in an emotionally/mentally abusive marriage. My husband has issues with his anger. I worry about my kids being around that. There is yelling, slamming of doors and throwing things. When he drinks on weekends it gets worseI have put up with this for three years I cant do it any more. I need a separation but I am not working right now and I am afraid to leave with out the kids. We live in his parents home.I just need to know what are my chances are of getting at least 50% custody once I am working and have an apt if I leave his parents home now.

Asked on July 6, 2009 under Family Law, New York


L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

It sounds like a potentially dangerous situation.  There are organizations in New York that can help you find a safe place to stay until you get on your feet.  Try http://preventchildabuseny.org/parenthelpline.shtml and they should be able to lead you in the right direction.  If your husband is abusive and you can prove it, and you can find a job, you should be awarded 100% custody and your husband might get supervised visitation with the kids.  Start with getting out of there and do not leave your kids!

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