Q: I am not married but have two small children with a man im separating from that is abusive. Can my attorney show this?
The mental and emotional abuse I’ve had to endure while taking care of my kids in this relationship has been a lot. The kids see it and my 5 year old is suffering from it. He uses it to control everything, as he makes the money and I take care of the kids. We are going to be going to court soon and I am afraid for the kids. He has been aggressive with my son and has left marks. Can I ask my attorney to look into the abuse laws of Idaho so my kids can be with me? I don’t have support here and may ask to leave the state to be with family. Can this hold up in asking a judge to move away or limit time with their dad? I have character witnesses and other proof as needed.
A: If you hire competent legal counsel, your attorney can ask the Court to grant you Temporary Legal and physical custody of your children. You should always hire counsel to do this type of legal work for you. Never try to do this by yourself. What you describe may be chargeable as a crime or at worst, fodder to help you achieve sole, legal and physical custody. After a Petition for Custody has been filed, the Court will give the parties a few weeks to TRY and work things out themselves. If that fails, the Court will ask the parties to go to Mediation and try and work things out with help. If that fails, the Court will set Pre-Trial and Jury Trial dates with mandatory disclosures of finances, child support and debts having to be disclosed and child support set. A competent counsel may also get the Court to order temporary child support for you. You should also file a police report if he is ever threatening or violent to you or your children. This is a crime.
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