I would like to know what the chances are that my husband gets the least amount of time with my 9 month old baby?
I would also like to make sure it is supervised visitation, because in the past he was arrested for domestic violence and hurting my child. However, there were no charges against him in court and upon my request the judge dropped the case. We also filed separately for our taxes, but he took all my tax money. Is there anything that I could legally do about it? We are currently living together.
Another issue is his brother who used to live with us but moved to another state. He is still a problem because he is the cause of the fights between us. His brother is not an American citizen but is here on H1 visa for work. Can I tell immigration how he has threatened me, etc.?
We are currently living together, but I am trying to decide whether to leave him or not. If I end up leaving him, I need to know if the law will let me keep my daughter and allow him very limited visitation, and if he will have to pay me any money. Currently he makes 20% more then I do.
Divorce / Separation Lawyer
I cannot answer the immigration question but I did edit the TAGS for you. I do not understand the situation. He is violent but you are still living with him? If that is the case it is not likely that you can ask for supervised visitation. You need to protect yourself and your child immediately and remove yourselves from the home.
If you have nowhere to go, then go to the courthouse and ask for a restraining order, also called an Order of Protection. If you are still married and have no divorce pending, the tax money cannot most likely be recouped. Go talk to an attorney in person in your local area and see what further facts you can explain to him or her. That may make some difference in the outcome.
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This is not an immigration question. Placed in a wrong forum.
Child Custody Lawyer
If you are married, you need to file a Petition for dissolution of marriage and file a motion for temporary orders to restrain your husband from having unsupervised contact with the child. Most likely, family Court serves will be appointed to do a risk assessment based on the allegations you set forth, but something is wrong here.
If he hurt the child, a DV protection order should have been granted and CPS should have been contacted. The longer you wait to do something, the weaker your case becomes if you are truly living with a child abuser. It feels like we do not have the entire story. Please hire a family law attorney to assist you with this matter.
The information is for general information purposes only. Nothing stated above should be taken as legal advice for any individual case or situation.
Family Law Attorney
Mr. Hawkins is correct in all aspects. The longer you wait to take action, the less compelling the domestic violence becomes. As far as supervised visitation, the court will need to have all of details of any incident that involved the child's health, safety and welfare.
Your question about support financially will need to be flushed out with an attorney as well as there are many factors a court considers when determining maintenance.
Find a family law attorney, and soon.