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Domestic Violence and Child Custody


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#1 ProudMommyOf2

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Posted 22 November 2012 - 12:25 AM

My husband hit me tonight and I'm almost 5 months pregnant so I did press charges. This is his second domestic charge and I'm planning to go through with pressing charges so he will get the help he needs. In Arkansas your not allowed to file for a divorce if your pregnant so my question is since he hit me can I file for a divorce and will he have any rights to our baby since this is his second domestic charge? I want him out completely,. He's not mentally stable and his temper is beyond out of control.

#2 Ted_from_Texas

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Posted 22 November 2012 - 04:11 AM

Unfortunately you chose to make a baby with this man and (assuming you carry the baby to term) it will be extremely difficult if not impossible to get him out of his child's life or your own until the child becomes an adult. Generally speaking, a few charges of domestic assault is not sufficient cause for termination of parental rights, though in some circumstances it might serve to keep his visits with the child limited or supervised.

If you cannot file for divorce while you are pregnant (did a licensed, practicing family law attorney tell you that?) you can at least get the paperwork started so you can file immediately after your baby is born. A local family law attorney can best advise you of your rights and possible options. In matters like this, it's not a good idea to rely on information gathered from friends, relatives or coworkers. Just a word to the wise.

#3 righteous3847

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Posted 23 November 2012 - 02:07 PM

You have a legal right to a divorce based on the domestic violence act. contact the coalition for domestic violence.Do not go back. They say they will change they dont .Save yourself and your child. GOD bless You

#4 pg1067

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Posted 26 November 2012 - 07:51 AM

In Arkansas your not allowed to file for a divorce if your pregnant


That's incorrect. You can file for divorce. However, the court won't grant the divorce until after the child is born so that any issues of paternity can be resolved and appropriate orders for custody, visitation, and support can be entered.


can I file for a divorce


This seems to be a rather bizarre question in light of your stated premise that you are "not allowed to file for a divorce if your [sic] pregnant." In any event, yes.


will he have any rights to our baby since this is his second domestic charge?


Yes (unless you have reason to believe some other man might be the child's father).


He's not mentally stable and his temper is beyond out of control.


You're free to argue these points in connection with the determination regarding custody and visitation.

#5 FindLaw_Amir

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Posted 26 November 2012 - 01:57 PM

To learn more about divorce and child custody, you may wish to visit the Family Law Center and read Divorce & Child Custody as a good resource. I also suggest you consult with a local Arkansas Family Law Lawyer to advise you further on this subject matter.
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