My question involves a child custody case from the State of: South Carolina
My husband and I have been separated for the past month or so. He got kicked out of the house (we were staying with my parents) for his behavior and stressing me out. I am 38 weeks pregnant with our second child. Our first is a 6 year old girl. He had a lot of anger issues, abusive tendacies, stealing bill money, lies, talking about other woman, and mind games during the marriage. He was never a father really to our 6 year old. He was in and out of her life. So, I truly raised her. We were only married for 7 months before we separated this year (August 2010). The stress of the marriage put me into therapy and depression pills. Things are obviously better now that he is out of the house. It has caused a lot of emotional problems with our daughter. So, there is a positive change in her, too.
Since we have been separated, he has not been here to see our daughter. He has only given me $100 in the past 4-5 weeks since he has been gone for support. The first week, he gave nothing. Instead, he had his aunt charge onto her Khols card for baby items totaling almost $100 for just a few items. I did not need them and they did not help me any financially. It did not help me financially with our 6 year old. The next week, he gave me $40 and said he forgot the other $10. He said he would bring that back the next day and never did. Then, he says he would bring it the next week which he did. That week he gave me $60. He has not been consistent with child support which he told me would be $50/weekly. He brags about how he gots money over there. He just does not pass it over here to support his kids.
To make it short, I had a disturbing conversation yesterday with him. He wants to get into a studio apartment (1 bedroom) and wants the kids to come there with him for visitation. He really wants it to be overnights. He is not the most stabled person. He drinks which is something he likes to do. He does not act right when he does. He can be abusive. I don't trust him to leave the house in his car with our 6 year old. I have had to pull her off of him several times in this marriage when he is hurting her. He has squeezed her legs till she is repeatedly telling your hurting me. He has bit her several times in her sides. He does not let go. You have to seriously put muscle into it to get her off of him. He has a temper and there has been disturbing convos of him talking about his own childhood abuse. It was enough for my sister who is a police officer to be concerned from her convo with him. He does not provide enough support now or during the marriage. In fact, he did not make enough money during the marriage to support himself. My parents put a lot of money into him and was supporting him practically. He does not come over to see our daughter. He has only seen her once for maybe an hour. He has the opportunity, but does not do it. He is more into his own life over there. He lives with his aunt as a guest in her apartment, right now. He has a car that is given to him, but still owned by his boss. He has to pay him off before he can call it his.
We do not have any lawyers. He wants to split the cost of filing ourselves at the family court. He tells me he wants to get this apartment and have the kids over with him. He claims he supports his kids, but compared to what I do its not even close. Does he have as much rights as he claims? I don't want him to have the kids like that and I not be there to protect them. I am truly concerned. Also, I am 38 weeks pregnant and I would like to know if its in my right not to include him in the birth of this baby? He wants to claim himself as a dad, but has not claimed the responsibility financially or support in this pregnancy. My family, friends, and I have done so much more than he has. Yet, he wants these rights to claim since we are married. Would it be best to just get a lawyer?