Asked 2/4/2016 – Fort Worth, TX

During my marriage my husband was abusive in every which way you can think of. The last straw was the beating that I got for an hr. He was arrested and has not been convicted yet. He also has two DWIs. We are getting divorced and he is asking for sole custody. I have no record and have a good job. Never been in trouble. Just recently I took my sleeping pill when it was time for bed and my daughter woke up and got out of the house. His mistress that lives across the street called my ex to get our daughter. When he got there was a struggle over her. He was intoxicated and left the scene and his parents came and took her before the cops showed. His parents, my soon to be ex and his mistress called 911 and said all this crazy stuff that wasn’t true. I had been awoken 1 hr after I took my sleeping pill and they told the cop I was drunk. So the cop just stated that in the report but did not write that I told him I had a sleeping pill. Nothing came of it other than I wanted a protective order. He is trying to paint me as the bad parent.

Answer

The family court judge will decide custody by determining what is in the best interest of the child. His criminal history and past violent behavior will certainly be considered; the incident where your daughter got out of the house will be considered as well. I presume a social study will be ordered by the court (which will be performed by an independent agency) and a recommendation will be made to the court. The Judge will make a ruling after hearing all evidence presented. Stay in touch with your divorce attorney. Of course, your soon to be ex is going to attempt to paint you as a bad parent. He is saying the same thing to his attorney about you. You are at the start of a long and painful process, so don’t set yourself up for disappointment by looking for quick results. Good luck.