Divorce Solutions

Question #20

Last week, I had my husband arrested for domestic violence, and since then, I moved back home with my mother. I have a 4 yr old who, at the time of the incident, was downstairs with my in-laws. I decided it was better to leave my daughter with the in-laws because there was always someone home to bring/pick her up from school. I told my in-laws that I would pick her up from school on Fridays and watch her for the whole weekend. Will this show as abandonment? What are my chances of having full custody?Do I have to find a lawyer in my jurisdiction?

Get a copy of the police report, which was made when they came to your house and arrested your husband. You will need it later when you decide to file for divorce. Abandonment generally relates to leaving the marital home and refusing to live with your spouse. You have taken your daughter to your in-laws to make sure she is provided for during this temporary period. Still, you should seek more permanent arrangements that support the position that you are capable of providing for your daughter yourself. If you cannot demonstrate to the court that you can care for your child yourself, it will influence the court’s decision as to child custody and the best interests of the child.

You should seek out an attorney-mediator experienced in matrimonial matters and try to mediate your divorce rather than litigate in court, which is very costly and emotionally traumatic. If you are located in the NYC metro area, please call me at 212-370-1660 to discuss further.

Leonard M. Weiner, Esq / Divorce Solutions