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If my husband has been mentally abusive tword my kids and me and physical abusive to me, can i get custody of my girls?

Rochester, NY |

he calls my 19 month old fat, punched her in the back of the head because he was trying to hit me. takes my phone so i cant call for help. punches stuff when the girls wake him up. pushed me up against the couch so it was pushing into my neck choking me and hit me in the back of the head and took the batterey out of my phone and when i tryed to go to the neighbors for help he pushed me back in the house and told me i wasnt going any where. tells me all the time if i cheat on him he will kill me and only get 3 years because hes in the army, he drinks everyday from as early as 11am til he goes to bed

Attorney Answers 3


If you can convince the judge, then probably yes.

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if i have pictures of him passed out because he drank with our 1 month old daughter in the same room and a photo of a hole he punch in our bedroom door and also pictures of bruses he has left on me and my 19 month old daughter. will those photos help me any?



Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

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If you can prove it, then yes. But your primary concern should be getting you and your daughters out of that house. Contact your local domestic violence shelters or military family services, even just find a friend who will let you stay on the couch. It sounds like your husband is very unstable and your primary concern should be you and your children's safety.

This attorney is licensed in the State of Texas only and this information does not constitute legal advice. If you are seeking legal advice, please consult with an attorney at your earliest convenience.

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