What’s the best way to handlea divorce if my husband insists on getting primary custody and just giving me visitation?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What’s the best way to handlea divorce if my husband insists on getting primary custody and just giving me visitation?
My husband wants to separate/divorce; we have 2 young children 2 and 4. I work full-time and he watches them during the day. He got hurt at work and was laid off, however he never qualified for disability. He wants me to move out or find an apartment for them that I can afford, along with child support. He said that I can get them on the weekends. He wants me to sign out a form that he is creating stating this and I said it has to be legalized. He said if I do that he is going to fight for full custody saying I’m a unfit mom. Kids fall and accidents happen but I’m not unfit. What can I do? Should I speak with a divorce attorney? In Cook County, IL.
Asked on March 20, 2011 under Family Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Definitely speak with a divorce attorney if you don't want to do this; you don't have to simply accept your husband's terms. That said, you do need to be prepared that a court might well award your husband primary custody, since at present he *is* the primary caregiver--thus, it would in many ways be continuing the arrangement that exists presently--and also since yvou are the breadwinner--how could you have primary custody if you have to work full time? Very often, if the husband works and the wife is the caregiver, the wife gets custody; this is simply the inverse of that more-common situation. A divorce attorney can advise you as to your rights, the odds of getting custody, the best way to try to get custody, as well as issues like a fair distribution of assets, spousal support, how much visitation you should get if you don't get custody, etc. However, as stated, be prepared that from what your write, there are good arguments for your husband having custody.
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.