Victim of abuse help!!!!!

[scaredmommy]

I had to leave my husband a few months ago because he physically abused me and I have a infant son with him and I am also pregnant again. I know I am unable to get a divorce untill I give birth to this child but I am desperate to know how custody of my infant son can be optained before I am divorced I am now residing in a seperate state then my husband what are my rights to obtain sole custody of our infant son??? He wants us to share custody moving our son between the two states every six months but that isnt realistic to me and I fear that it would disrupt my son mentally. PLEASE HELP ME!!!!!

 

[seniorjudge]

Have you tried getting a lawyer?

Ask the state bar association of the state you are in for a referral to a cheap or free lawyer.

 

[Duranie]

first of all, you are going to need to file for divorce and ask for temp. custody. You need to research what the residency requirements are in your new state as most states have a minimum residency requirement of 6 months before you can file anything there.

This does leave your husband time to file for divorce in his state and he can ask that the child be returned.

Why in the heck are you pregnant again if this guy was abusive?

Keep in mind that because you moved the child out of state, the court may fronw upon this and you may be required to pay for visits.

Your husband can threaten all he wants but until he actually files for divorce and custody, you can file in your state as soon as you meet residency requirements.