My husband shot the gun into the bathroom were I was and my daughter called the police. Because I wouldn't press charges the police called CPS. CPS took my son and placed him in care of my 23 old daughter. My husband is no longer in the house but CPS says I have to get a divorce since I will not get a protective order. Can they make me pick between my husband of 25 years and my 16 year old son?
Yes, they can make you choose. This is a choice that parents face every day. How would you feel today if when he shot the gun into the bathroom he had seriously injured you or God forbid killed your daughter. You were lucky. It should be a no-brainer to me. You should not only file a divorce and protective order application but you should seek a sole managing conservatorship and unequal property division for his family violence. Seek domestic violence victim counseling. Your husband also needs serious help. He is unlikely to get it if his conduct is enabled. You also may not have the luxury of taking your time about picking your child or spouse.
Thomas J. Baker of Baker & Tisdale PLLC principally practices in the Central Texas area, including Bell, Coryell, Lampasas, McLennan, Milam and Williamson counties. The advice given here is not and ahould not be taken as a substitute for in-personal consultation with counsel, particularly where legal documents, such as court orders need to be reviewed. I am Board-Certified in Family Law but not in any other areas of practice.
Sign up to receive a 5-part series of useful information and advice about child custody law.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline