My husband is very abusive, physically, emotionally, and physically. He has hit me while holding my 1 month old as early as April 2. He has stolen my pain meds that I had a prescription for after my emergency c section and hysterectomy. He verbally abuses my 5yr old daughter whom i have with my ex husband, buy calling her retarted among other abusive actions. He plays my children against me, to make him look like he is the "best step father", yet my children do not want to even spend time at my house. He will not let my children spend time at the home with out me informing him ahead of time, and if I dont he will be cruel to them. My daughter is having issues with self esteem and physical manifestations of stess such as eczema outbreaks, even just hours being at my home. At my wits end.
Divorce / Separation Lawyer
Is there a divorce pending? DO NOT AGREE TO ANYTHING YOU DO NOT WANT AGREE TO. You need a new lawyer who will help protect you and your children. You should talk to a lawyer immediately about a restraining order against your husband. You need to have someone either stay with you in your home or leave your home to stay with someone until you get the protection from the court you need. He is an abusive husband and you need to protect yourself and your children. If your ex husband learns of this it could be grounds for hime to file to get custody of your children. PLEASE seek help from an attorney ASAP!!!!!!
IF YOU FOUND THIS ANSWER HELPFUL PLEASE MARK IT SO. This information is provided by PEGGY M. RADDATZ, Attorney At Law as a pro bono service. YOU SHOULD CONSULT WITH AN ATTORNEY IN PERSON who has specific expertise in the area of law you are asking about.
1 lawyer agrees
Divorce / Separation Lawyer
Shared Parenting is an option, not a guarantee. It must be requested by at least one party, and it is in Court's discretion to determine if it is appropriate. I've known of cases where a Judge has declined Shared Parenting on the basis that only one party asked for it (presuming that because the parties can't agree on this designation, they wouldn't be able to agree on parenting issues). All of that being said, the answer to your question is YES. You can refuse to enter into a Shared Parenting plan. As mentioned by the first response, it would be best for you to contact an attorney to discuss this, as well as the other issues you mentioned. And given the nature of the relationship, I would similarly advise contacting counsel soon.
This answer is provided for general purposes only. If you need legal assistance you should consult with an attorney. Responding to questions DOES NOT create an attorney-client relationship. Nor does this answer contain legal advice. This answer is simply designed to answer a question and any information gained therein should be taken as information and not advce.