Going to court soon please help!

[davidb]

I am going to court for my divorce soon and I want to know what to expect when I go. My wife and I have been seperated for over a year now, she has had our children staying with her in which she lives with her grandmother that mostly takes care of them because my wife had been in and out of jail 3 times within the past year. I have been able to get them and spend time with them but its always on the grandmothers terms since she is the one who is always around. My wife went to jail in January for a DUI which was a violation of her probation. I went and picked up my children when I found out she was in jail and still currently have them. She recently got out of jail but is now on house arrest for 1 year. I want to know if i will be able to get custody of my children? I have a job, stable home, and transportation. She had none of that beside the home in which is her grandmothers. I dont have a lawyer because I couldnt afford one, she has a lawyer in which she got that goes by your income and since she dosent have any she is paying nothing. I was wondering also if that is going to affect me in this case by not having a lawyer is she going to automatically get the children? Someone please help!

 

[Duranie]

You need to ask for custody. You may be awarded it based on the circumstances. I would see if legal aid can help you or at least get a consultation witha family law attorney. Do not assume you can't get custody, fathers are awarded custody all the time. What state are you in?

 

[davidb]

I wanted to apply for legal aid but I was told since she has legal aid I wasnt able to. Is that true? I live in Florida.

 

[Duranie]

You are correct if she has legal aid then you would not qualify. Call around to attorneys to see if anyone can help you given the circumstances.

 

[davidb]

Will it affect the case if I dont have a lawyer? I have talked to some and was told I would have to pay 5 thousand dollars for a custody battle, which I dont have. Can I just represent myself asking for custody? And should I take proof of her charges? Thanks for your help!!