Legal Question in Family Law in Pennsylvania
Separation and we have a child
I have recently asked my husband to leave our home, because he has a job yet does not want to give me one cent to pay rent, bill, buy our childs need like diapers, wipes, etc. I have to pay it all on my own while he worked and kept every dollar to himself, but ate slept and did anything he wanted in our apartment. so I got tired and told him to leave. it been a week and now I want to start the process of divorce and also get custody of my son, but I have been told that if I ask for full custody I can not get child support. I have good defense on why my child is better off with me (he was a drug user and now he is on methonde, but I found a paper from his clinic that on one of his urine test last month it came up positive for drugs.) I really dont have any money for lawyers and I haven't started the divorce process or the custody cas because I have no money for this. Now in reference to the divorce we really dont have anything together. I bought a car and I am making the payments but he had his own bank account and I have mine and the apartment is leased to me only and he is just an occupant and that is stated in the lease so I am wondering if i can do this with out a lawyer or are there programs that help people like me .
1 Answer from Attorneys
Re: Separation and we have a child
You asked about separation and divorce.
Do it yourself divorces are possible, but they end up costing way more than paying a lawyer to begin with.
Call around to several legal clinics and some attorneys offices. Even look for new attorneys in your locality. Find someone smart and aggressive.
The advice you got about full custody and no support is BS. Speak to a well informed attorney and you will be surprised. You may even be entitled to spousal support while the divorce is pending and alimony afterwords in addition to child support.
Unless a divorce is truly and totally amicable then it is never wise to do it yourself. Even then it can be very problematic. Depending on the length of the marriage spouses have certain rights, privileges and obligations as to what any asset split will be in a divorce.
Start looking at your local law schools for their legal clinics and get referrals to other clinics if they can't help. And, as I said, depending on your personality try working with a new attorney who is cutting his/her teeth. Stand behind them and don't be afraid to make them be more aggressive for you.
FYI, often a judge will overlook someone's participation in a methadone program if that person has been squeaky clean. If there is any dirty result or if the person has not been in a program for an extended period then all bets are off and a judge will consider the persons character as a drug user.
Good luck.
Regards,
Roger
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