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How do I get sole custody if I was married to him?

Wichita Falls, TX |

He has been sexually,physically,and emotionally abusive to me and I am afraid he may do something to my daughter. He also has a drug problem. How do I go about getting sole custody and no visitation?

Thank you for your answers. I am filling for child support and I know it is very unlikely that they will give me sole custody without some kind of visitation ( at least some kind of ultimatum for him... rehab, psych eval, something ) Is that the right way to go about it? Child support then divorce? That way it is easier for me to get sole custody and cut out the child support's visitation. Or should I not even go for child support since I would like to involuntarily terminate his rights?

Attorney Answers 3

Posted

Start by finding a lawyer or legal services clinic that provides low cost or free services for situations like this.
Then you may be able to do several things: get a protective order from the court against him, and go to court and get a custody order that limits his custody. The court will always make a decision on what is best for the child. If the court believes he is a potential danger to the child because of his drugs and abuse, then it's possible the court will give you full custody.

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File an action in probate and family court for divorce or paternity.


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As a former family law practitioner for over 20 years (and a former police chief and assistant district attorney) I would talkj to him about agreeing to terminate his parental rights and if he will sign all paperwork he wont have to pay any child support because his parental rights are terminated/ended and you don't have to worry about visitation. Talk to a family law attorney and call Legal Aid.

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He will not sign them over for anything he doesn't like the man I am with and is extremely jealous since he is one of those control freaks! I s there any way to involuntarily terminate? I know it may be a long process. Should I just forget the child support that way it is better when it comes to trying to get his rights terminated? Or should I just be happy with sole custody and right a living will for if something happens? (heaven forbid)

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