Wednesday, June 18, 2014

How can I get sole custody of my 2 children?

Q:  If I been through Domestic Violence (physical, emotional, verbal abuse) and my kids father has a smoking issue and I don't trust him with our kids because he has a thing of messing around with the person who threatens to kill our kids and wishes death on our kids. How can I get sole custody? I am due to have our second child in a few days. He is either going to be held in jail or be released today from court. There is a restraining order out against him to stay away from me and our daughter because he threatened homicide suicide if I left him. Our daughter is going on 2 years old in a few months. I didn't mention to the ADA that even while he was in jail he put threats towards me if he does not get out of jail. I just want him out of our lives. How can I get him away from us for good?

Additional information
I've been and with the help from my family have been the main provider for my daughter. I'm going to be the main provider for both of our children. I don't know what to do. He would take money from me to get high and it was money that was given to me that I was saving for our daughter possible needs. I don't know what I was thinking staying around for so long.I need help to get him out of my kids life. He is sick in the head. I'm tired of the threats and all. I want to move out of NY and don't want him trying to follow me. That's been one of his threats as well. That if I left him and if I took the kids away from him especially since our kids are the only one of his that has his last name he would come after me harder than any of the other baby mothers that he have. I want to get away from all the hell I been through in almost 3 years of being with him. He is a threat to me and my kids. I just tried hard to believe he would change. I was wrong.

A:  David's Answer:  You should file a petition for sole custody. If he's convicted of the domestic violence against you, then the odds would be very long indeed for him to successfully contest custody against you. That said, it may be advisable to mention to the ADA about his threats. Call a Family Law attorney in your area for more info.   -- David Bliven, Westchester Family Law attorney (

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