Legal Question in Family Law in California
Hello,
My question is. I am married to my husband of 4 years, I am 5 an a half months pregnant. I want to get divorced from my husband.
What are the odds I would get FULL custody of my baby taking away any rights for him toward my baby?
Our relationship is unhealthy for the both of us and I want to avoid to put my baby through a bad example of his parents fighting all the time. In 3-9-9 my husband got arrested for family violance, I finally took the courage & reported him to the authorities. There had been 3 or 4 other times that he physically assaulted me, but I was afraid to report him to the police.
Is there a way I can get divorced w/ out him having any rights to my baby?
1 Answer from Attorneys
It is extremely unlikely you can get an order denying him all parental rights. With the domestic violence history, you will probably be able to get some very serious restrictions on his visitation, etc., but an out-right denial of any right to be the father of your baby is very unlikely, unless there are some really horrible things that have happened that you have not mentioned.
Quite frankly, it's probably not what is best for the baby either. Maybe now, maybe even 5 years from now it would be best, but in the end, a child will want to know his or her father. If he wants to be a part of the baby's life, better to have it happen slowly, under court supervision, with requirements that he undergo treatment for his violent tendencies and impulse control, etc. as a condition of visitation.
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