YES, you need a very good family/divorce attorney. That's your answer. There are too many facts presented to go into all the possible outcomes in this space, so HIRE A LAWYER NOW AND PROTECT YOUR CHILD. If you need to borrow money or enter into a payment plan with an attorney, this is the time to do it.
What would also be good is if the lawyer you hire can consult with a criminal attorney to determine what your husband's situation will be so that you can have useful information to present in court.
If I haven't been clear: YES, hire an attorney. Best of luck to you and your baby.
This information is not intended to be legal advice and does not create an attorney-client privilege or relationship between Anjali Gupta Stevenson Law Office, LLC and the reader. This information is for general purposes.
If everything you are saying is true and you have not harmed the child, it is very unlikely that a Judge would give him custody. It is more likely that he is asking for custody to make you worried so that he can then give you custody in exchange for not paying you money or property. You should consult a lawyer to make sure that you have the best protection possible.
THIS COMMUNICATION DOES NOT CONSTITUTE THE CREATION OF AN ATTORNEY-CLIENT RELATIONSHIP. Legal rights vary greatly depending on specific facts, and it is impossible on the basis of the recitation of a few facts to determine whether or not an individual has a viable case, what is the full range of options, or what limitations exist which may bar an individual's potential claims. ON THE BASIS OF THE INFORMATION PROVIDED TO ME, I RECOMMEND THAT YOU PROMPTLY CONSULT AN ATTORNEY TO DETERMINE THE SCOPE OF LEGAL RECOURSE, IF ANY, YOU MAY HAVE. YOU SHOULD NOT RELY ON ANYTHING I HAVE STATED AS ADVICE TO DO ANYTHING OTHER THAN TO CONSULT AN ATTORNEY TO DISCUSS FULLY AN APPROPRIATE COURSE OF ACTION.
If your concerned about issues relating to who will have custody of your daughter then how is this even a question? Hire a lawyer!!! That's what we are here for, to protect the rights and interests of our clients. There are many excellent ones here on AVVO. Consult with one.
I'm sorry you're going through this. I would agree with the previous posts regarding hiring an attorney to represent you through the divorce process. I would also urge you to obtain copies of all police reports that exist as well as copies of your current restraining order and any past restraining orders. Also, since he is no longer in jail, I would make sure that you and your child are safe where you are staying and that you have a contingency plan for a place to stay in case of an emergency.
Melissa Levine is a licensed attorney in Massachusetts. All answers are based on Massachusetts law and should not be construed as legal advice. No attorney-client relationship is formed by Attorney Levine answering your question. It is advisable to consult with an attorney about your personal legal concerns.