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Divorce and child custody against my husband. My husband is…

Customer Question
Divorce and child custody...

Divorce and child custody against my husband. My husband is emotionally, physically and verbally abusive to me and my children. He has portrayed me to his family

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

No. He is trying to say I’m mentally unstable to take my kids away and make our marriage a voided marriage so we don’t have to legally split anything

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

Alaska

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

I have documentation of abuse, video recordings of verbal abuse and text messages of what he says to family memebrs

Submitted: 2 months ago.Category: Legal
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Customer reply replied 2 months ago
He tells all his family
Members I’m mentally unstable and that my one of my (7 years old) daughters that is not his needs treatment and tells them not to believe anything I say and I’m crazy.
Answered in 10 hours by:
5/28/2018
Lawyer: Jessica B,
 replied 2 months ago
Jessica B
Category: Legal
Satisfied Customers: 1,852
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified

Hello. My name is ***** ***** I am a licensed attorney. I hope I may be of assistance with your question. Please remember to rate my service at the end of this session. Thank you!

Until there is a Court order saying otherwise, both parents are presumed to have equal rights to their children. This means that neither parent can prevent the other parent from seeing their children, regardless of the status of the parents' relationship with one another.

Alaska law does not allow the court to terminate one parent's rights in a custody proceeding. The Court can, however, restrict access to the children if there is a serious safety concern, usually involving domestic violence or substance abuse. Depending on the level of safety concern, the Judge can order:

  • Supervised visitation. This can mean supervised by a professional, such as the child's counselor, a relative, such as a grandparent, or in a public setting, such as a restaurant or library.
  • Substance abuse testing. A judge can order that a parent not use substances prior to or during visitation with the children. If there is a concern that the parent will not comply, the judge can order the parent provide a clean urinalysis, breathalizer, or hair follicle test immediately prior to or after any visitation with the children.
  • Batterer's Intervention, Substance Abuse Treatment, Parenting Classes, or Counseling. These requirements can be put in place to ensure that the offending parent is addressing their issues before being allowed access to the children.
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Customer reply replied 2 months ago
I don’t believe our marriage will work. I have filed a protective order and a divorce and dismissed both at his request because he was willing to work on the marriage and quit drinking. He has not done so far and continues to blame me for everything that is going on and starting to tell me to be “sucidial”. He has an open OCS case due to physically harming me in front of the children. I am afraid that he will still be able to get my children and take them from me. I have text messages from his cousin who said she would help him lie to the court about our marriage and life together
Lawyer: Jessica B,
 replied 2 months ago

I understand. It is imperative to obtain a court order to protect yourself and your children in this situation.

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Customer reply replied 2 months ago
When it comes to assets. We have a truck together inboth our names. He bought this truck with his retirement while we were engaged but put my name on it because we were getting married. He has another truck that isn’t in my name but in his ex’s name. Would I not be able to use it because it was bought while we were engaged?
Lawyer: Jessica B,
 replied 2 months ago

Since you are on the title to the vehicle you may drive the vehicle until there is a court order stating something different.

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Lawyer: Jessica B,
 replied 2 months ago

Was this information helpful?

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Lawyer: Jessica B,
 replied 2 months ago

Please let me know if you have an additional question. If not, please remember to rate my service. Thank you!

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