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Divorce and custody

BobbieSowell's picture

I would like to be sure I am contributing to the right place, so here is my story. After my sister passed away 5 years ago I adopted her DS and DD right after the accident has happend, however my husband refused to accept that and our marriage started deteriorating. I have recently found out that he is drug abused and my future and the future of my children is exposed to a severe risk while living with this man as a family. After we conversation with my DH he said that he didn't intend to continue the marriage any longer and insisted upon the divorce (it was about a 6 weeks ago, when hemoved out and basically we became separated). He also said that he won't forfeit my custody or other children-related issues and we have nothing to share. I have found forms which are the legal for our state, however I am confused about filling them in. I have stumbed upon but hesitate if that would be possible to contest my right to a sole custody as far as he hasn't agreed to become their father on the paper and didn't participate in their life much while we were married. He didn't even call me once to find out how are DC...Any suggestion would help.

ESMOD's picture

If I might clarify.. you have no joint bio children with him? or do you?

If you , alone, adopted your sister's children, I don't believe he would have any rights or obligations towards them unless he also was party to that adoption.

I think you do need ot at least get a consultation with a lawyer to confirm your rights.. you may qualify for some sort of legal aid.. and depending upon if there was any abuse in your home.. a women's shelter may be able to help.

You will need advice not only on children's disposition, but also to marital home and assets.

BobbieSowell's picture

No, we haven't any joint bio children, as you can see, our marriage has been on the rocks since the very beginning and I didn't trust him enough to become a mother of his child, that's pretty upsetting, though. Haven't thought about a women's shelter and I start looking for legal aid in my state, thanks. As for marital home - it belongs to my parents and he has got a car before we got married, we don't have much to share in fact. 

Rags's picture

If he did not adopt, he likely has no rights to your niece and nephew, nor does he have any financial obligation to them.

Get a great lawyer.

susanm's picture

Get an attorney.  You may or may not have a claim for spousal support depending on disparity in income and child support depends on the legal terms of the adoption.  You probably also have property division issues.  Don't just go by what he "is willing" to pay.  Especially given the way the marriage ended and the fact that you have some heavy obligations to deal with on your own now.

Thumper's picture

He did not adopt, YOU adopted. Your own your own I believe.

Did he also legally adopt the kids?