rose asked:


my husband and i have been separated and he moved to another state, he was arrested couple months ago, but the case was rejected becuase i dropped the charges, which was pressure from family and also there was no injuries. i have text messages of him calling me dirty names and i have saved them all, will all this help me with my case for custody of our child? and he wanted our child for the summers, i dont want him to take him out of state for visits. what can i do?

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4 Responses to “will i get full custody of our child if there was domestic violence in the case?”

1. ST0MP3R on October 26th, 2009 6:40 am

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   YOU AND YOUR HUSBAND SHOULD WORK THINGS OUT TOGETHER START GOING TO CHURCH AND MARRIAGE COUNCELING TOGETHER YOUR CHILD DESREVES BOTH PARENTS IN ITS LIFE AND YOU AND YOUR HUSBAND NEED AND STILL LOVE EACHOTHER DONT BE A STATISTIC

2. jude on October 27th, 2009 9:54 pm

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   you should not have dropped the charges on him. but having documentation helps in court cases. u need to get a good attorney to argue your case. but if the child is not in any danger they may not take that other into consideration.

3. sweet420pixiekisses on October 28th, 2009 9:14 am

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   Has he ever hurt the child? Does he love his child? Is you keeping them apart putting the best intrests of the child ahead of your own personal problems? You chose him to father your children. Is it fair to your son to not allow him to see his father anymore?
   Those are all questions that the courts are going to ask.
   They will also take into consideration the child’s age. I completly understand that you dont want your son to be gone for the whole summer. But, you cant keep you kid away from his dad, unless he has caused harm to the child.
   If you do keep the child away you run the risk of the child growing up and resenting you for him not knowing his father. I know being a mother myself that is the last thing you ever want from your child. So you have to step back and look at the situation. Things did not work out btwn the two of you, does that mean that they wont work out btwn a father and son??
   Its a tough call to make because I dont know the details of the case but unless he has caused harm to the child or if he cannot provide a safe enviroment for the child, you things along those lines, he will get some visitations. You have every right to see him and have him during the summer months. You will have to comprimise for the sake of the child. There are many provisions you can detail throughout your parenting/visiation agreement. The courts will not take a child from their father because he called you bad names. They will examine the relationship btwn father and child. If you fight and become too possive it may come back to bite you. Just try to keep the best intrests of the child in mind when you decide how much time you feel they should be together. Instead of the whole summer suggest 2 wks in June, 2 wks in August, and and week or two during winter or spring breaks if he is a school aged child. Just put a provision in the agreement that HE is responsible for ALL transportation costs.
   Good luck!

4. Harriet on October 29th, 2009 2:56 pm

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   Depends how much he’s willing to fight it. They might consider those things but might not - I don’t know the law where you live and I think a lot of it depends on the discretion of the decision-maker. I doubt they’d send a child interstate for whole summers though but it’s possible. You’ll most likely need a lawyer, good luck.

   Harriet