Q: Husband living with other woman (other state), doesn’t financially support me or kids but wants 50/50 custody.
How can I file divorce without a lawyer if I am unemployed living with my parents and pregnant with his second child? I have filed for child support but he has not responded nor has he attempted to support us in any way. Yet I still allow him accessibility to communicate with his child when it’s convenient to him. Can I have full custody?
A:
The fact your husband is in another state will make 50/50 custody impracticable. Someone will need to be the primary residential parent for the school year.
While child custody/visitation and child support are related, they are not the same. A parent who does not pay child support still has a right to see their child (as does the child to see the parent). Non-payment of support alone is not a reason to withhold visitation or communication.
That said, you may have a case for "full" custody, but it's a very fact-specific analysis. If he's rarely around, in another state, and only communicates via phone/text/facetime, then you already have primary custody in practice.
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