If I’mstay-st-home mom, what will happen to me and my children ifI file for divorce?

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If I’mstay-st-home mom, what will happen to me and my children ifI file for divorce?

I’ve been married for 9 years and have never worked. We have 2 kids and 1of them has special needs; I homeschool them. I’m afraid to file for divorce and I’m not going to be able to take care of my kids because I probably need to get a job to support myself. My husband is very mentally abusive and threatens me to take my kids away.

Asked on November 15, 2011 under Family Law, Texas

Answers:

Lyle Johnson / Lyle W. Johnson Attorney at Law

Answered 12 years ago | Contributor

You should consult with an attorney.  You can file for divorce and at the same time file a motion for spousal and child support.   In regard to child custody the court looks to see which parent is the primary provider of child care, and the parent to which the childreniare most closely bonded.  The court does not determine custody base on which parent has the highest income. 

Lyle Johnson / Lyle W. Johnson Attorney at Law

Answered 12 years ago | Contributor

You should consult with an attorney.  You can file for divorce and at the same time file a motion for spousal and child support.   In regard to child custody the court looks to see which parent is the primary provider of child care, and the parent to which the childreniare most closely bonded.  The court does not determine custody base on which parent has the highest income. 


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