I've been married to emotionally and physically abusive man for past 13 yrs.we just moved to va in July this yr.we had lived in

Asked about 1 year ago - Big Stone Gap, VA

Alaska for past 11 yrswe have a 3 yr old and 10 month old.I found out that he is attempting to cheat,having ads on several sites.we ate living at his mothers house now in va,and things are really bad and I need to find out what I can do to get out of this situation.he has a very violent temper,has a dv charge in ak,has threatened to kill me if I take the kids.also said no court would give me custody bc I am a stay at home mom with no income.if I were to leave I'd go to Fla where my family is.I want to do everything totally by the law,and am terrified he would somehow get custody.forgot to mention he works 7 days on 7 off in ky.please help me,thank you

Attorney answers (1)

  1. Andrew Todd Elders

    Contributor Level 9

    Answered . Well, first of all, you need to consult with a family law attorney more than a criminal defense attorney. Having said that, if you are afraid for your safety or that of your children, the first step is to seek a protective order, which can protect you and your kids from violence. You can also get spousal support and child support temporarily under the terms of the protective order while you pursue a divorce. Based on the facts that you've provided here, you are likely to get custody -- but don't take my word for it, talk to someone who does family law regularly. Don't let fear of not getting custody stop you -- that's the kind of intimidation some men rely on to control the women they abuse. Talk to a lawyer who can help you. Good luck.

    The information provided in these responses is not, nor is it intended to be, legal advice. You should consult an... more

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

Child Custody in a Divorce

Child custody may be physical or legal. Physical custody covers who the child lives with, and legal custody is the right to make decisions.

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