Q: Im a stay at home dad full time student,my fiancée wants to leave me, can I get full custody and spousal support?
I'm a stay at home dad, a full time student. My wife wants to leave me.I do have a domestic violence in my past and think she will use it against me. I have not worked in 2 years as I go to school to make a better life for our family. Do I have any rights?I am afraid that I wont know where my kids are sleeping at night if she takes them.Can I keep them and not let her take them? I don't want them to be ripped from where they are comfortable and happy. Can I get full custody and have her see them every other weekend? Or is it all up to the woman to decide? Can I get any spousal support or alimony? We agreed verbally a couple years ago the only way to make a better life is for one of us to get an education. She doesn't want to go back to school so I have been working hard at getting my education. Obviously I don't want her to leave us, but if she did what can I do to keep the kids here, get full custody, have her custody every other weekend, and have HER pay child support?
A: If she is just your fiancee, you cannot get spousal support. If she is your wife, depending on the financial circumstances, you may be able to. In terms of your children, not sure what you mean by full custody? If you mean primary residential status, that will also depend on the circumstances. In this day and age, if she is a good mom and is available, it is quite likely you would end up with 50/50 time. If you are talking about decision making, or what used to be termed legal custody, it is likely that would be joint. Your past domestic violence could be a factor, but shouldn't affect parenting time with your kids. Just being a stay at home dad does not really give you an advantage, other than not having to prove your parenting abilities.
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