unsafe father wants 43% custody

[momof2kids]

I am filing for divorce, my ex says that he will get at least 43% custody and no less, and will only have to pay $65 amonth in support for 2 kids.(according to what he says) however my husband is not a safe person for him to have that much custody, both my kids have been seriously hurt while with him(i was at work both times), both times they were taken to urgeant care, one of the accidents was reported to CPS & a police report was taken and has been closed but the local DA has the case(nothing has yet to happen on their end) he is an alcoholic, reckless driver and has driven under the influence of alcohol several times, he also has another kid to which he has lied to that county about his wages just to keep the amount of support cheap.

So my question is, with these things stacked against him would a judge be crazy enough to allow him to have that much custody of our kids, even though both have been seriously injured while under his care? I have proof of all this, pictures i took, medical records from the visits to urgeant care, a police report against him for one of the injured as required by CPS had me to, plus the records from CPS?

 

[jacksgal]

Sounds like your husband is living in a dream world

 

[Duranie]

What did CPS do with the case? Investigate it or close it as unsubstantiated?

 

[momof2kids]

cps closed the case, but csps made me file a police report against him or they were taking my kids, so i did, then it was sent to a detective who didnt believe his story then it was sent to the DA, that was in march, so no word, i assume they dropped the case.

 

[momof2kids]

Still need help, husband says that we dont need a lawyer for a divorce i said I am getting one anyways so i am protected, he says that if he gets less then the 43% custody he will take me to court every week untill he gets it. if does this would a judge look at the fact that both kids have been seriously hurt from his unattention to them and deny his request each time? Would a judge even give him 43% ?
He cant tell the truth he told me one story, the dectective another story and the CPS worker another story as to what happened to my baby, i dont think he even knows what happened.

I do see my lawyer today but i am anexious to know these answers. Also would i be able to get temp custody and child support orders until mediation?

 

[jacksgal]

We cannot predict a judges rulling as we have not heard both sides at very least. I can safely say if he petitions the court every week the judge is going to get very annoyed. Yes get an Attorney no matter what he says

 

[momof2kids]

ok thank you.