Do i need a lawyer so I dont lose my new born baby to my ex husband?

Asked almost 2 years ago - Oxford, MA

My husband and I are getting divorce but he filed for custody of my daughter and he is facing jail time for domestic violence and past jail time violence crimes. I dont want him taking my daughter that he tired killing while i was pregnant. I was rushed to the hospital after he hit me with him truck and i got a restraining order on him. He hasnt been around but now hes trying to take her away. He also still has warrents for his arrest in another state.

Attorney answers (4)

  1. Anjali Gupta Stevenson

    Contributor Level 11


    Lawyers agree

    Answered . YES, you need a very good family/divorce attorney. That's your answer. There are too many facts presented to go into all the possible outcomes in this space, so HIRE A LAWYER NOW AND PROTECT YOUR CHILD. If you need to borrow money or enter into a payment plan with an attorney, this is the time to do it.

    What would also be good is if the lawyer you hire can consult with a criminal attorney to determine what your husband's situation will be so that you can have useful information to present in court.

    If I haven't been clear: YES, hire an attorney. Best of luck to you and your baby.

    This information is not intended to be legal advice and does not create an attorney-client privilege or... more
  2. Alan J Pransky

    Contributor Level 13


    Lawyers agree

    Answered . If everything you are saying is true and you have not harmed the child, it is very unlikely that a Judge would give him custody. It is more likely that he is asking for custody to make you worried so that he can then give you custody in exchange for not paying you money or property. You should consult a lawyer to make sure that you have the best protection possible.

  3. Melissa Anne Levine-Piro

    Contributor Level 14


    Lawyers agree

    Answered . I'm sorry you're going through this. I would agree with the previous posts regarding hiring an attorney to represent you through the divorce process. I would also urge you to obtain copies of all police reports that exist as well as copies of your current restraining order and any past restraining orders. Also, since he is no longer in jail, I would make sure that you and your child are safe where you are staying and that you have a contingency plan for a place to stay in case of an emergency.

    Melissa Levine is a licensed attorney in Massachusetts. All answers are based on Massachusetts law and should not... more
  4. John Paul Thygerson


    Contributor Level 17


    Lawyer agrees

    Answered . If your concerned about issues relating to who will have custody of your daughter then how is this even a question? Hire a lawyer!!! That's what we are here for, to protect the rights and interests of our clients. There are many excellent ones here on AVVO. Consult with one.

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Divorce court

Divorce court is where the divorce process takes place. The court may determine matters like alimony, child custody, and property division.

Avvo Staff

An Overview of Divorce Court Fees

Just as each state has its own requirements to successfully file for divorce, each state also has its own types of fees and rules for when they will be applied. You may find this overview... more

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