Custody of my kids! HELP!!?

[larenzo]

Okay, I'm 21 and I have two kids. My son is 2 and my daughter is 4 months.

I'm going through a divorce. My husband just hasn't been a good provider and we have been fighting (verbal), so we are splitting up. I'm going to move to my father's house and go to college so that I can take care of my kids on my own. My dad has a lot of money, his own home, plenty of rooms, a career and all of that. He says he completely doesn't mind helping me out and letting me and the grandkids live with him. I'm going to clean and cook and those things to try pulling my weight while I'm schooling.

My estranged husband has been threatening me. He tells me if I stay with my dad in Vegas, that he will take me to court to fight me over the kids' custody, so that I will have to give him the kids on the weekends.

First of all, he has no job. He got fired last week for making inappropriate comments (sexual harrassment). He has left the house and is staying at his friend's house. He has no car, just a motorbike. He's sleeping on his friend's couch, but the friend said he can turn the garage into a room.

Me on the otherhand, I actually have a good home with my dad, very easy transportation, an education started, and all of that. I'm a good mom. I take care of my kids, I don't drink or smoke or do drugs. I've never been arrested, etc.

What I want to know is, what are the odds of Nevada court giving him weekends with the babies? He keeps telling me the law tries to go 50/50 but it sounds insane. I have always seen courts favor the mother. He tries to tell me I can't go to my dad's, but it is only one town away, not even out of state. I've never heard leaving the city was a problem. Just the state.

Would they grant him the kids on the weekends, when he has no home, is living with a felon (nice guy, but still), no car, no job, etc? To me, I think it would be negligent of the courts.

He has no MONEY to actually hire a lawyer. My dad does, if my husband keeps bothering me. So far, we have not gone to any court, or agreed on any kind of custody at all.

I'm scared. I don't want to turn my kids over to where I have to constantly worry about their comfort and safety. Frankly, if I'm not around, he hangs out with total scumbags I don't want around my babies.

I mean, my daughter is still a baby. She's breastfed and can't take a bottle. How the hell would he feed her? He has never even changed her diaper. He's never taken care of both of them for more than an hour at a time without me.

HELP! Advice! Will they actually let him take them (with no car) on the weekend? I have no problem with visitation, but I am not happy with the idea of him taking them.

I'm not a bad person, and I don't want to keep him from the kids. But I need a home for them, and my dad's house is the choice I have. I was a housewife. I don't have a career and I can't pay my own bills since the split. But I'll be damned if I'm going to let my kids be in danger.

[alleyne]

Well the things that I have been through and seen. Mainly the women always gets the kids no matter what because men seem to be the ones to get irritated quickly and many men are (physically) abusive. If he has exactly no car , no job , and not making any kind of money ( in addition to staying with a friend ). There is no way he can get custody of your children. My ex and I went through the exact same thing and I got to keep my children because he wasn't in a house of his own, no job , no car , and no money.

Good Luck

[flannagain]

If he had a proper living space for the kids to sleep, even if it's not his own house, he would get his rights.Why would you want to deny him of them? he is the father of your kids.

As far as the kids visiting, you would have no other choice but to wean her onto a bottle because breastfeeding isn't enough to not let dad's have visitation (I suggest finding a bottle closest to breast so she may not even get nipple confusion)

I would suggest to the courts that he have supervised visitation (at least until he proves himself) and I HIGHLY doubt he is going to want shared custody if he is as lousy of a father as you claim him to be.

[garbhach65]

Sweetie, when you go to court and let the judge know all of this information believe me they are going to take all of it in to consideration. Yes, he will have some visitation with his children, but that doesn't mean he's going to have the kids on the weekend. My ex who works only sees my daughter on Sundays. So just relax.

[gillivray5]

The courts favor the best interest of the child, and most likely that means both parents involved. 1)your daughter is still breastfeeding so you have a case where she wont have to go over night, (fyi, its super mean and happened to me, but some judges just tell you to pump)
Go ahead and get a good lawyer, just to protect your back. Your ex will probably get visitation with the kids, but you can hopefully get a agreement for the baby at least for no over nights. try to be reasonable and allow him to have visits (if you say anything mean about the ex, judges frown on that). State your concerns- no car, no money, no home, and (I read this today on free legal advice forum) give a reasonable compromise.

I hope the best for you and your kids. I really don't think he has any grounds to take the kids away, but unfortunetly he will get visitation. Do the best you can for now, and hopefully he'll grow up and things will be better son