Hi, I''m on ssdi for 6back surgeries and heart surgery and on and on. What my problem is my wife of 17 years is going to file for a divorce and we have a 9 year old daughter that she says I can''t take of and I''m takings to many perscription drugs for disability. I have raised my daughter for the whole 9 years of her life, always cleaning the house getting her up and ready for school being here when she comes home from school cooking for her taking her to all sports activity school events doctor appts my wife works 40 or more hours per week plus last year she lived at her parents house while her father had cancer I kept the daughter on a 24 hr a day for months by myself. I do not have the money to fight all of this out in court. what can I do. Thank you Jack
Optional Information: Fairfield, IllinoisAlready Tried: I've hired a lawyer and he is waiting on all of the paperwork I paid him all i could and he talks like if i try to fight for any type of custadie it will take a lot more money
If you can not afford an attorney you should contact Legal Aid as they can help you for free. I should remind you however, that if it is found that you are capable of caring for and providing the necessary activities for her, that Disability could lower your benefits as that would be a sign of your improvement.
As far as the custody battle though, unless she can prove abuse or neglect then it is more than likely you will be awarder Joint Custody especially since you do not work and are able to be home with the child, you may even be able to fight for sole custody. The court will look at what is in the best interest of the child and that normally means being with both parents as often as possible with a joint custody agreement.
To contact Legal Aid go HERE and for more information go HERE.
Experience: I'm a straight forward person w/ a professional manner & drive to find the truth!