Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

Just wondering. I finally have court for temporary orders…

Customer Question
Just wondering. I finally...

Just wondering. I finally have court for temporary orders after filing for divorce. I have left marital home with my 3 children due to alcohol abuse. He now is seeking the home and joint custody... just wondering what his chances are in getting the house. He claims I alienated the kids even tho he had visitations every other weekend and has not been interested in helping with their daily needs and activities at all

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

I filed for divorce on the 23rd of Jan after he threaded physical violence against one of my girls

Lawyer's Assistant: Family law varies by state. What state are you in?

UTAH

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I file for protective orders which were denied, he kept me from sleeping, eating and feeling safe so I had to leave the home...

Submitted: 3 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 23 hours by:
4/4/2018
Family Lawyer: S. Kincaid, Family Law Attorney replied 3 months ago
S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2,567
Experience: I have practiced family law since 1996, focusing on child custody and domestic violence
Verified
Have you asked for a protection or restraining order? You can get temporary orders in such an order and established and he has committed domestic violence. While you did not mention any physical violence you did say that he threatened violence. Threats of violence are a form of domestic violence yes. And if you are able to prove either the domestic violence for the alcohol abuse, it is unlikely that he could get substantial portions of custody. Custody and visitation are based on the children's best interests stop. Their best interest requires them to be safe, and the courts recognize that an addict and domestic violence do not put children in a safe situation. If you can establish concern about alcoholism, you can ask for alcohol testing and an order that he not be allowed to drink alcohol.
Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask S. Kincaid Your Own Question
S. Kincaid
S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2,567
2,567 Satisfied Customers
Experience: I have practiced family law since 1996, focusing on child custody and domestic violence

S. Kincaid is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,593 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,571 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,991 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
Filed for divorce on the 28th of Jan. No court hearing until
Filed for divorce on the 28th of Jan. No court hearing until the 4th of April so no orders in Place.Husband did move out for 5 nights and his lawyer told him to move back in which he did and legally c… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,991 satisfied customers
My husband decided yesterday that he doesn't want to be
My husband decided yesterday that he doesn't want to be married anymore. We have a one year old and a three year old..can I move to California with kids now? We currently live in Florida but I hate it… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,991 satisfied customers
My husband and I divorced October 2015 using the services of
My husband and I divorced October 2015 using the services of a mediation team. We still have joint ownership on our marital primary residence and a joint checking account to pay the expenses on the ho… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My husband and I are talking about divorcing. We live in
My husband and I are talking about divorcing. We live in Manatee County, FL We live in a 4 bedroom home, just the two of us. He has been very hostile and last night I almost called 911. I need to know… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I was going through a divorce the time has passed and my
I was going through a divorce the time has passed and my lawyer said the case was thrown out of court.my grounds for divorce are alcohol and abuse Ihad to leave the home for my safety.my question is t… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,141 satisfied customers
I'm researching divorce/ child custody case. We have been
I'm researching for my divorce/ child custody case. We have been ordered to mediation and I'm wondering if that has any implication on the outcome.… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
If a husband says he is filing (has not filed yet) and the
If a husband says he is filing for divorce (has not filed yet) and the wife elects to move out during this process due to her emotional well- being and health, is she abandoning her rights to the hous… read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,034 satisfied customers
I am divorcing in Michigan. My wife filed an emergency
I am divorcing in Michigan. My wife filed an emergency motion to take temporary custody of our son that contained baseless and false allegations (which I have proof they are false). Because my attorne… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,141 satisfied customers
I live in South Carolina. I want to separate from my husband.
I live in South Carolina. I want to separate from my husband. He refuses to leave and tells me that he will take custody of our two girls (ages 10 and 140). By law, I guess this would be a "no fault d… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
Under what circumstance can a spouse who has filed for divorce
Under what circumstance can a spouse who has filed for divorce have the other removed from the home they have shared?… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Im in the process of getting a divorce. My wife told me in
I'm in the process of getting a divorce. My wife told me in July that she wanted it. Shortly after, I was standing in the kitchen and noticed my wife's phone with a text that popped up from Amy Schmid… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
My wife has absconded with my child and will not let me see
My wife has absconded with my child and will not let me see her. She has made false accusation of domestic assault to prevent me from taking daughter to visit my family and refuses to let my daughter … read more
Erin M. JD
Erin M. JD
Attorney
Juris Doctor
137 satisfied customers
My wife of 21 years, 17 married, lives with her lover on the
My wife of 21 years, 17 married, lives with her lover on the weekends and 3-4 nights out of each week. Late this summer I found out she was cheating and has been with this man for long over the past t… read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,034 satisfied customers
From Clover, South Carolina - My 36 year old stepdaughter is
From Clover, South Carolina - My 36 year old stepdaughter is an alcoholic. Her husband has discussed divorce and has talked to an attorney. He left the family home two days ago with their 1 1/2 year o… read more
JPEsq
JPEsq
Attorney
Doctoral Degree
5,086 satisfied customers
My ex and I have 2 children and are currently involved in a
My ex and I have 2 children and are currently involved in a court battle for custody/visitation in Montgomery County, MD. He rents a room and has visits with his kids at his parents house where the 3 … read more
Ray
Ray
Lawyer
Doctoral Degree
33,336 satisfied customers
My children go to thier fathers home every other weekend. This
My children go to thier fathers home every other weekend. This past weekend because of spring break they went down on thurs night. on Sun afternoon he told me we had to talk about Hallie our 6 yr old.… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
I live in Utah and my wife wants a divorce after 1 and 1/2
I live in Utah and my wife wants a divorce after 1 and 1/2 years of marriage. We have a 4 month old son. She took him to live with Friends and will not give me the address of where she is staying. Now… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My boyfriend is separated and lives with me. He has a 7yr ...
My boyfriend is separated and lives with me. He has a 7yr old daughter. His wife is a drug and alcohol user, a topless dancer, lives with her parents, leaves their daughter for days at a time with oth… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x