How can I get custody of my children from my husband? 32 Answers as of August 15, 2011

I have been served. He wants a quick Divorce and only give what he is made to. 19 years of marriage and a 15 year old daughter...I need help.

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Law Office of Robert L. Fiedler
Law Office of Robert L. Fiedler | Robert L Fiedler
The issue of custody is always viewed as "what is in the best interests of the child?". As to support and division of assets and debts, sometimes people don't want to be as sharing as they ought to be and so it may require court hearings.
Answer Applies to: Connecticut
Replied: 8/10/2011
Law Office of Roianne H. Conner
Law Office of Roianne H. Conner | Roianne Houlton Conner
Talk with an attorney immediately. The attorney will file a counterclaim for custody and will assist you in obtaining custody.
Answer Applies to: Alabama
Replied: 8/8/2011
The English Law Firm
The English Law Firm | Robert English
With a 19 year marriage, you have a number of rights. You need to speak to an attorney for specific consultation on the facts of your matter. A marriage that is longer than 10 years is generally considered a long term marriage. You may have significant right to spousal support. Talk to an attorney immediately.
Answer Applies to: California
Replied: 8/5/2011
Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
You should file a motion for temporary orders and seek a temporary parenting plan while the divorce is pending.
Answer Applies to: Washington
Replied: 8/5/2011
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
Hire a family lawyer immediately. Tennessee presumes joint custody unless one of you is unfit.
Answer Applies to: Tennessee
Replied: 8/3/2011
    Thomas Humphrey, Attorney at Law
    Thomas Humphrey, Attorney at Law | Thomas Humphrey
    You should seek the advice of an attorney in your area. You will need to defend and respond to the divorce complaint within a specified time frame. Otherwise, the court may issue a Order of Default granting your husband all the relief he sought in his divorce complaint.
    Answer Applies to: Idaho
    Replied: 8/3/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    Yes, you do need help. Please contact your local legal aid office and a local domestic relations attorney. He may be required to pay temporary support during the duration of the divorce.
    Answer Applies to: Ohio
    Replied: 8/3/2011
    Willick Law Group
    Willick Law Group | Marshal S. Willick
    Consider having a full consultation with qualified counsel, who can run down your rights, responsibilities, and options.
    Answer Applies to: Nevada
    Replied: 8/3/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    You must respond to the divorce papers received within thirty (30) days by serving and filing your Answer to the Petition. Ultimately, a court makes custody decisions based on what is in the best interests of the child. The decision is obviously dependent on how well the facts and arguments are presented.
    Answer Applies to: Minnesota
    Replied: 8/3/2011
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | Patricia Van Haren
    You should immediately contact an attorney. You have rights to community property as well as rights to custody and visitation orders. There is no such thing as a "quick divorce" in the State of California. Since you have been served, you will have 30 days from the date of service to file a Response and make your requests for support, custody and division of property. You must do this in order to protect your rights. If your husband earns more than you, you may be entitled to reimbursement of attorney fees.
    Answer Applies to: California
    Replied: 8/3/2011
    Bagwell Holt Smith Jones & Crowson, P.A.
    Bagwell Holt Smith Jones & Crowson, P.A. | John G. Miskey IV
    You should speak with an attorney. Most cases settle but you need someone to represent you and your legal rights. After 19 years of marriage, you may have a great claims for post-separation support, alimony and child support if your spouse earns more than you do. Our consultation fee is $75 and we bill by the case, not the hour. [
    Answer Applies to: North Carolina
    Replied: 8/3/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    If the two of you are not able to reach agreement on the terms of the divorce (and there are various dispute resolution methods such as Mediation and Collaboration that could help you reach agreement), then you will need to ask the court to make some decisions for you on issues like parenting, support, and property division. You may need to bring a motion for temporary orders to determine the parenting arrangements for the child pending trial, as well as getting temporary support established. Please consult with an attorney in your area for more information about your specific circumstances.
    Answer Applies to: Washington
    Replied: 8/3/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    You have 20 days from service to file an Answer. I suggest you consult a local Family Law attorney to discuss your case in greater detail and learn all of your rights and options. There are many sites on the internet that rate Divorce lawyers in your area. This might be a good place to start your search. Good luck.
    Answer Applies to: Florida
    Replied: 8/3/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    In such a long marriage you are entitled to an equitable share of the assets, child support and alimony. You should contact an attorney in your area for a consultation.
    Answer Applies to: Connecticut
    Replied: 8/3/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    What he wants doesn't matter. Unless you and he agree, a divorce will not happen quickly. Ignore his wishes, and do not sign anything until you see a lawyer. Make sure you see a lawyer within 30 days of being served. A court will decide, unless you agree, issues of custody, assets, visitation, support, alimony and so on.
    Answer Applies to: Georgia
    Replied: 8/3/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    You should contact an attorney right away to further discuss your case. Often, the court will require one spouse to pay the other spouse's attorney fees and lawsuit expenses.
    Answer Applies to: Oregon
    Replied: 8/3/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    To get into a custody battle, you are probably going to need to consider hiring an attorney. Regardless of whether you hire an attorney, there are certain things that need to be done, depending on what you're served with. First, you will need to file and serve a notice of appearance and a response to petition. You should try to do this within 20 days of being served, to prevent a default from being taken against you. Second, there may be other documents that you have to file and serve, depending on what county you are in and what other documents you have been served with. These may include (1) sealed file financial source documents (2) a financial declaration, (3) a proposed parenting plan, (4) a responsive declaration, and (5) child support worksheets. Further, the time line on when these have to be filed and served will be different depending on what county you are in. Therefore, you'll need to be aware of the local court rules.
    Answer Applies to: Washington
    Replied: 8/3/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    The simple answer is that you need to get the divorce court to adopt a Parenting Plan that allocates parental responsibilities, including where the child resides and scheduling time for both parents to be involved in parenting. If you and your husband cannot agree on a suitable Plan, the Court will do so after consideration of all relevant facts to decide what is in the child's best interest. Generally, the Court will not deny either parent scheduled time with the child because it is presumed that what is best for a child is to have two parents. That is why Colorado does not use the term custody in deciding how to allocate parental responsibilities. What your husband consider to be a "quick" divorce and what the judicial system requires may not be the same thing. If you and your husband completely agree on everything, it is theoretically possible that the divorce could be concluded within 90 days of the day you were served. If decisions by a judge are needed because you can't agree, a "quick" divorce will take somewhere between 6 months and a year.
    Answer Applies to: Colorado
    Replied: 8/3/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    If you are in my area and are looking for an attorney, please contact me for a free consultation. I can help you achieve your goals in the divorce process.
    Answer Applies to: California
    Replied: 8/3/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    It is pretty clear that you need to talk to a divorce attorney and get some advice. He can not take your daughter away from you just because he wants to, and the Court will force him to make payment if he simply refuses. I can help you with this. And I will tell you up front what it will cost to do this for you. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.
    Answer Applies to: New Jersey
    Replied: 8/3/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    You need to consult with an attorney who practices in the county wherein you reside as soon as possible. Depending on the circumstances, if he has the ability to pay and you do not, he may be required to pay your attorney fees. If your existing or potential case is in or near the Central Florida area (Orange, Seminole, Volusia, Lake, Sumter, Marion, and nearby counties), I would be more than happy to speak with you.
    Answer Applies to: Florida
    Replied: 8/3/2011
    Apple Law Firm PLLC
    Apple Law Firm PLLC | David Goldman
    You need to meet with a divorce attorney
    Answer Applies to: Florida
    Replied: 8/3/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We recommend that you retain a divorce lawyer ASAP concerning ALL your rights and options, including discussing your rights to an equitable property division, and possibly alimony and child support. Good luck!
    Answer Applies to: Georgia
    Replied: 8/3/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    You should file a response to the divorce along with a motion for custody and support for yourself and the child. If your husband plans on trying to deprive you of your property rights, the best option is to hire an attorney to protect your legal interests. The marriage you had is a long one. Any assets acquired with earnings is community property. That means real estate, bank accounts, saving accounts, retirement plans, 401k's, profit sharing, employment bonuses and other property can be community and should be divided so you get your rightful share.
    Answer Applies to: California
    Replied: 8/3/2011
    Law Offices of Paul A. Eads, A.P.C.
    Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
    I would agree. You need to file a response and request spousal and child support. You are also entitled to an equal division of community property (property acquired during marriage). You have 30 days from when you are served to file a response.
    Answer Applies to: California
    Replied: 8/3/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    I would say that, as it is said, ask and you shall receive. Unless you are an unfit mother, you will probably get primary residential custody of the children, if not sole custody.
    Answer Applies to: New Jersey
    Replied: 8/3/2011
    Laraia, Harrison & Laraia, P.C.
    Laraia, Harrison & Laraia, P.C. | James J. Laraia
    There are many factors that the Court considers regarding custody, property division and allocation and maintenance. Further, there are different allowable deductions that the statute provides when setting child support. Without knowing or having the opportunity to review all of the facts of your case, it is difficult to provide you with a thorough answer to your questions. If you would like to contact me to set up a consultation, please email me directly.
    Answer Applies to: Illinois
    Replied: 8/3/2011
    ROWE LAW FIRM
    ROWE LAW FIRM | Jeffrey S. Wittenbrink
    You need to file an answer and re-conventional demand for spousal support, child custody and child support. Because you have been served, you need to consult with and hire an attorney quickly.
    Answer Applies to: Louisiana
    Replied: 8/3/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Hire an attorney. If not, move the court for temporary orders including child support,a temporary parenting plan, possibly maintenance and use of property. My website will help show you what a court considers on these issues in Washington.
    Answer Applies to: Washington
    Replied: 8/3/2011
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