Quote Quoting Mark47n
View Post
Texas is a community property state. What this means is that ANY property acquired during the marriage shall be divided between spouses and that any property that you came in with you leave with.

Why did you not take the children with you? I ask primarily because that seems to be the typical scenario. In any case, I can't find anything that would indicate that you've abandoned your children, in any substantive way, save that you left them with their father, whom you allege is physically abusive.

He cannot collect child support without that pesky divorce AND a child support decree. At the time of divorce you must petition for physical and legal custody. Be prepared for some sharp and probing questions.

You are going to need an attorney.

The story is much more complicated than what I wrote.

I left the children with him because he is a good father, just an absolutely terrible husband. The last physical incident happened in 2012, there were military police and family advocacy involved. Most of the abuse was verbal, emotional. I tried leaving several times in the past, but I have been kept isolated from family and friends, had no access to our finances, so leaving was very hard. I was presented with an opportunity to leave in way that would not require me disappearing into a women's shelter. This has been one of the hardest things I have ever done. I did what I thought was right. I left my children in their home, in their schools, with a father that does love them very much. I was not prepared for him punish me so much. He and I are toxic and cannot be in the same room, or even on the phone, without one or both of us yelling and cursing. In hindsight, I know some things should have been done differently, but I can't change that now.

We have our first court hearing concerning child support and custody in a few weeks. He has told me that he intends on asking for supervised visitation for me on the grounds that I make irrational decisions (this is because I pulled them out of daycare to spend the day with me one time shortly after we split). I am a good mother. I love my kids, I try to make decisions that will better their lives. I was the primary caregiver in the home (I did everything, cooked, cleaned, involved in their schools, doctor visits, caring for them) and I am scared that this hearing will be a lot of he said vs she said.

I am in college full-time, seeking whatever job I can find now, and am trying like hell to save up some money.