I had to flee because of death threats from my ex. Now I have no job and no place to live. He is trying to get custody can I win

Asked about 2 years ago - Laconia, NH

My ex has been abusive to me for about 3 years, no police reports. But never to my son. I have a PO currently it states that I have custody and he has visitation. I know that this is not a legal custody agreement. He is trying to call me an unfit mother because I no longer have a job and am currently living with my aunt. During our 5 years I have supported us and he has not had a license or a steady job & has been arrested for multiple things, including marajiuna, dui, b&e and driving suspended. I have been the primary care giver since our son was born but I don't know how to prove it. He is also trying to blackmail me with not cleaning the house saying that I leave pet waste everywhere calling me an unfit mother. I no longer have a job and can't afford a lawyer. What are my chances?

Attorney answers (1)

  1. Michael J Corbin

    Contributor Level 20

    Answered . This is a case of he-said/she-said. Since you've never filed a police report or (I'm assuming) ever gone to the hospital with injuries, etc., then you have no objective evience of abuse or maltreatment. Unfortunately, judges hear claims all the time from parties making up stories in order to get what they want, which is why they rarely believe what they are being told by the parties. What is objective here is the fact that you have no means of caring for the child and no home. He has a criminal record, but it isn't for crimes of violence against you or the child, so I don't know that a judge will look at that in a negative light. I'd say you have your work cut out for you.

    We can be reached at 507.334.0155. Our web address is: www. corbin-law-office.com. Answers on Avvo are not to... more

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