Husbands abusive behavior progressing..Need Help..What are my legal rights???

[suemoceri]

If anyone could help me I would greatly appreciate it..My Niece has asked me to write this for her because she is afraid to use her own computer for fear her husband will find it.She states her husband had become verbally abusive and mentally abusive more so since her child was born..the baby is only 9 weeks old,she believes his behavior is getting worse because he really did't want children.He has not hit her but lately is flying into rages and held her down on the couch (twice now) by her shoulders while she was holding the infant,He didn't want her to get up and walk away untill he was finished raging..He acts like he loves and is really into the baby when other people are around.She says his behavior is frightening her and is afraid it will escalate into physical abuse..She had left him once before (he cant keep a job gets fired so he can collect unemployment)he told her he would get spousal support and get to keep the house because she abandoned it..(this happened before baby)Unfortunitely she went back..She basically wants out of this marriage (He is not on the house it is only in her name because he filed bankruptcy shortly after they got married) she has a very good job and must work 11hrs daily as management...She is afraid he will use this against her..also wants to know how she can get him out of the house get her things out if necessary and if he would get to keep the baby for visitation before they go to court..she is afraid he will keep the baby and not give him back if she lets him have visitation..She said when all is said and done she will split everything 50% She just wants out and to feel safe..He is trying to keep her away from her family ..If anyone could please help as things may soon get out of control...Thanks for your help

 

[Proserpina]

She has reason to be concerned; if she's working 11 hours/day while Dad is home all day, it may be difficult to convince the court that she's the baby's primary caregiver and generally that's a huge factor in custody disputes.

For this reason alone I ask this question - is there ANY chance at all she can take a leave of absence from work while she gets on her feet?

As it stands, they have equal rights to the baby - that means Dad can, quite literally, leave this evening with the baby and she has no recourse.

If she genuinely feels that she's at risk, she needs to do one of two things:

1. LEAVE NOW and get to a shelter!

or

2. LEAVE NOW and get to a shelter!


Forget the house and finances for now - that can be dealt with later. The health and safety of her and the baby are paramount.


If she does NOT feel that she's in immediate danger, she can file for divorce and request temporary custody of the baby AND exclusive use of the marital home.

Neither will be forced to leave without a court order.