He makes more $ can he get custody on this alone?

Posted by: Loralye

He makes more $ can he get custody on this alone? - 11/24/09 08:31 PM

My ex and I have been divorced for barely 1 year. When we got divorced I took nothing but my clothes, 1/4 of child support and $0 spousal support even though I was a stay at home mother. I agreed to complete joint custody and equal visitation (literally! He gets 3 1/2 days a week and I get 3 1/2 days a week). I gave him the house and everything in it. He even re-married 6 months after our divorce was final. Everything seemed to be going fine with our arrangement until I told him I was pregnant by my fiance just a month ago. Now he is consulting his attorney to get primary custody based on the fact that he makes more money than I do.

My question is... is this possible? I am so torn up about this. I can't even believe after everything I've done to be civil and not be unreasonable. Even giving up ALL of what I was entitled to in the divorce because I didn't want this to get ugly. And he is the one who cheated!!! He knows this will kill me if he takes my kids away. Only having them half time is a struggle. He knows I can't afford to get an attorney to fight him.

Can he actually take my kids because I don't make enough money?

I see an attorney on Monday but I can't afford to retain her. I'm just going to find out if he has a leg to stand on but anything anyone can tell me would help so much.

Loralye
Posted by: tonydenozo

Re: He makes more $ can he get custody on this alone? - 05/29/13 12:46 AM

In Alabama judicial system there is nothing that is not possible. Depending on who your ex husband is who his attorney is and who the judge is I would say yes it could happen. Is it right or ethical? Well thats a different question. By law the answer should be no unless you are unable to provide adequate housing, food, clothes etc. I believe if he was telling me that I would sure I could play it back and let the judge hear him say it. Yes it is admissible and you do not have to tell him you are recording. That ticks me off thats exactly what my ex wife tried just because she is worth 25 million doesn't mean crap to me and it shouldn't mean crap to the judge. Money doesn't make you a better parent. Most times it just makes you a jerk. All I can say is do what you can legally to bring him down a notch or two.
Posted by: BeachBabeRN

Re: He makes more $ can he get custody on this alone? - 05/29/13 09:47 PM

Have you realized the post your responded to is greater than 4 years old?