Legal Question in Family Law in Arizona

Want to Divorce but scared of custody battle

I have wanted to divorce my husband for quite some time now but since I am only a housewife (except for selling nickle and dime amounts of Avon products on the side) I worry that I will not be able to recieve full custody of my three year old, 21 month old and my unborn. My children are my life...I couldn't bear loosing them. My husband (and his father...whom I've been forced to live with for the past 6 years) both are alcholics (yet, trying to cut down), avid pornograpghy readers, and use "pot" daily. If my children end up living here without me, who will protect them from being exposed to these things? Should I get these habits on videotape to give to a lawyer to help me prove my point in court? That is the only way that I can think of to help keep my girls and I together. I'd rather continue living here having "some" control over what the girls are exposed to rather than having no control at all due to unsupervised custody.

Asked on 7/13/99, 3:33 am

1 Answer from Attorneys

Melody Stickel-Martinez Melody Stickel-Martinez, Esq.
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Re: Want to Divorce but scared of custody battle

FLORIDA LAW - Begin a journal immediately including anything disturbing such as language, drinking, smoking pot, leaving the pot in the reach of the children, smoking pot and drinking in the house in front of the children. Also photograph or videotape this. Great tool. If you feel that your marriage can not be saved then file for divorce. The sooner the better because once the proceedings begin it can be a stressful time. If you can not afford an attorney contact your local bar of your state and legal aid. If you don't qualify for these services still go forward and seek out an attorney. Your husband may fight for custody of the kids but the journal, photos and video will come in handy. Just because you don't make alot of money does not mean you will not be awarded custody of your kids. The court wants to do what is best for the children. A loving, caring, supportive parent. GOOD LUCK

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7/15/99, 6:56 pm

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