Expert Advice When You Need It Most

Can my husband keep house & our adopted kids and ask me to leave?

We have 4 special needs children adopted through foster care. I am the primary caregiver, and he works full-time. We've been married for almost 7 years; the kids are 3, 2, 1, & 10 months. For most of our relationship my husband has been verbally and emotionally abusive, and avoids spending time with me or the kids. Now that I want a divorce and plan to reestablish a relationship with an old boyfriend, he wants to keep 2 of the kids and the house and send me packing with nothing but my clothes and the 2 kids' adoption subsidies (1143/mo). I would still come over and take care of the kids while he was working. Is this a stupid thing for me to agree to? I don't want to fight for months in court, but I don't want to split the kids up and give 2 a part-time mommy! Would a judge agree?

Additional information
There really is no equity in the house, as we just bought it last year. I'm more worried about separating the kids and moving 2 into a new, unfamiliar home. One has serious issues with routine and continuity.
Save

Attorney answers (2)

Reputation Level 19
You will need to hire a family law attorney before agreeing to anything one-sided, you are right that the fight is never worth results but fair is fair. Your equity in the house needs to be acknoweldged.
Good Luck and God Bless

Reputation Level 8
I really hope that you hire an attorney. Because of the abuse you have endured, you are not in a good position to be making these very important legal decisions without the right advice. I do not agree with splitting up the kids unless everything is being done on an even playing field with good relations between the parents so the siblings will see each other often. Even then, it is rarely a good idea. I hope that you seek legal counsel immediately no matter what point of the process you are in. Once a final parenting plan and divorce decree are entered, it is incrementally difficult for an attorney to remedy that situation. Get help today.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now