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  1. #1
    Join Date
    Aug 2009
    Location
    Colorado
    Posts
    1

    Default Custody After Domestic Violence

    My question involves a child custody case from the State of: Colorado

    My husband and I have been separated for over a year, and have not filed for divorce yet (although it will be done in the next 2 weeks). We were married for 11 years and have two young boys. He was arrested last year for assaulting me in front of our children. There was a history of Domestic Violence. He is a very angry man, in fact he's been convicted of another harassment and cited for road rage in the past 2 years as well. After his DV arrest, he was not allowed to see the boys. After a few months, he was allowed supervised visits with Human Services and now has the boys 50% of the time unsupervised. He has been a decent father, and I thought that was best for the boys.

    A couple months ago, he moved in with his girlfriend. They just got a house together, and she told him he could quit his job and she would support them. I make $75,000 a year, so I can support the boys on my end. He did quit, and now is a "stay at home" dad and caregiver to her kids. Since this has occurred, he has started treating me poorly (verbally) in front of the boys at drop-off/pick-up. The boys were in daycare 3 days a week, and have been pulled out since he can watch them. I had to beg him to keep the youngest in preschool 2 days a week.

    My concern is that he is now going to challenge me for custody. He keeps spouting off how "it's so great for the boys to be with a parent full time" and so on. I agree, but I'm worried he's doing this because he knows I could never stay at home with them. Am I in trouble if he fights me for custody? Since I have been giving him 50%, can I still go for primary custody? I'm not sure what to do.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Custody After Domestic Violence

    You should be working in consultation with a lawyer who can advise you as to strategy and help you protect your interests. As you're about to file for divorce, I suggest you team up now with the lawyer who will be representing you.

  3. #3
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Custody After Domestic Violence

    Am I in trouble if he fights me for custody?
    I can't imagine how you'd be "in trouble", especially given his previous track record.

    Since I have been giving him 50%, can I still go for primary custody?
    Yes, you can. There is no requirement that the primary caregiver to stay at home with the children. The courts recognize that it's necessary to work to support your family, and aren't swayed by arguments of "But my new girlfriend pays for everything!"

    As Mr. K notes, it's really, really, REALLY in your best interests to be talking with your attorney, and that right quickly.

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