Custody and Divorce Experiences

Updated on September 10, 2008
A.G. asks from Powder Springs, GA
5 answers

So the hubby and I have been trying to work things out between us but he has just refused to continue with our marriage counseling and has decided that he no longer wants to commit the time to making this work so we are seeking a divorce now. My question is can anyone tell me about their experience with divorce and custody. I have a 5 month old daughter who he is wanting full custody of (no I am not an unfit mother). And if he can't have full custody then he wants me to agree to her living with me every 3 months and then him for 3 months. I don't think a child should be away from her father but that does not seem to be a stable living for her to develop in and she definetly does not need to be away from her mother for any long lengths of time. I am a stay at home mom and haven't worked in 1 1/2 years. I live in Cobb County and could use the reference of an attorney if anyone knows of any. I just want the best for my baby. Can he really take her away from me with no cause?

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B.F.

answers from Atlanta on

I have not had children while being divorced but I have been divorced. To answer your question since I've had friend with children get divorced, he can't just take her and if you are seeking taking care of her you need to come to an agreement or the Judge will. I see a website you may at least want to look at the more information you have the better understand and knowledge of such at step in life that will be very changing for both of you (all of you). Check out some of Cobb County's paper work like if you did it yourself but if you have an attorney he'd do it but seeing that paperwork will give you a better idea of what goes on during a divorce and it has instructions which is very educational on divorce. The website is http://lawlibrary.cobbcountyga.gov/forms.htm it's very informative of the process. I'm sorry he's not wanting to work on things more and I wish you the best during this very difficult time. Sorry I don't know of an attorney other then seeing if you can get help from Cobb County Legal Aide and I do know one thing you cannot share an attorney and expect him/her to represent both of you know on will do it because they can't and it wouldn't be in your best interest. I would get a jump on what he is saying he can and can't do however call Legal Aide asap before he tries to have a jump on the process. My prayers are with you.

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K.L.

answers from Atlanta on

I've been in your shoes! My best advice to you would be to find a good attorney and see him/her now. Even if divorce proceedings have not begun, they can advise you and guide you through each step. I am new to the area so I cannot recommend one here. I was divorced out of state and at the time my child was a year old. She did not go for overnight visits at first. It is likely that a judge will not take a young child away from a mother unless there is reason to do so. They will establish a visitation schedule and you have to push for what you feel is best for her. Godd luck! I wish I were more familiar with this area and could recommend some reputable attornies to you.

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P.W.

answers from Atlanta on

Look at www.zerotothree.org. What he suggests is detrimental to your child. She needs one home until she is at least 3. Shared custody of parents who love their child more than they hate each other can work but again it is not appropriate for a child so young. Get a really good lawyer.

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G.V.

answers from Atlanta on

The court system definately favors the mother in most divorce cases. You need to be very diligent about keeping good notes as to the behavior of both you and your husband. Linda Gettle is an excellent attorney , she has an office in downtown Marietta. She is also a guardian ad litem...so she is very well respected within the system. I don't believe that there is any way they would give custody to him 3 months and you three months..I think your husband is trying to scare you into doing things his way..this is a manipulation technique. Good luck to you!

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D.T.

answers from Atlanta on

Sorry I don't personally know of any lawyers in GA but my advice is this...call every one of the lawyers listed for you on this forum. Then go to Kudzu.com and call the top 5 divorce lawyers listed there based on ratings. Do it now!! I know it seems time consuming but I would meet with as many lawyers as you can (I assume many would do a free consultation). Determine who has the most experiences with custody and palimony experiences. And as someone else stated, you should document everything you can. His work hours, his income, what he spends the money on, what your expenses are, how often he spends time with your daughter. Again, meeting with lawyers and getting their advice on what you should be doing now may be invaluable once you get to court. I absolutely believe in father's rights but if he is going to bully you and put his desires ahead of your daughter's well being then you MUST be as strong willed as possible and fight for your daughter even more. Good luck and god bless.

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