Longmont, CO asked in Family Law and Child Custody for Colorado

Q: I am going through a divorce, it is getting ugly.

My soon to be ex husband was abusive during the relationship. I never called the police, or talked to anyone about it. We both drank a lot, however he has videos of me drunk to use as "dirt". He is using my mental state during the relationship against me (I suffer from depression, ptsd, and anxiety). We have two boys together (ages 15mos and 4mos). He wants custodial rights because he deems himself the better parent. He believes that because they are boys and he is a man that our boys need him more than me. He kicked me out of our 5bd3ba home, I now live with my mom with my 3 boys. it is small but doable. He thinks I cannot provide or raise them because me and my family are not loaded with money like his family. He has repeatedly put his hands on my 7yr old (who has witness the abuse towards me as well as my friends) and slaps our 15mo in the mouth for screaming and then yells "BAD, SHUT UP". He signed his rights away to his oldest daughter as well. What can I do?

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1 Lawyer Answer
Sabra M. Janko
Sabra M. Janko
PREMIUM
Answered
  • Divorce Lawyer
  • Denver, CO
  • Licensed in Colorado

A: I am sorry to hear about your situation. It sounds like you may have already filed a dissolution petition, but if you have not, that is how you would ask the court to decide issues of parenting and property division. You should consult with an attorney given that you have children and a home. Many courts like to see the primary provider stay in the home with the children if at all possible for continuity.

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