Can my husband take my son and leave me homeless?

Question: Can my husband take my son and leave me homeless?

I am 24 weeks pregnant and on bed rest. I do not have a job, I stay home and take care of our son and my 2 daughters from my previous marriage. My husband took all of our money out of our bank account this morning, leaving me penniless. He took my car already. He said he is going to take our son when he gets off work and file for divorce tomorrow. He says he will get custody, because I will be homeless or in a shelter. Can he just do this and leave my daughters and I homeless? A judge would not allow that right? Would someone hire me being pregnant and sick? We already have court tomorrow for domestic violence against me that happened 2 months ago. What do I do? The domestic violence was that he threw me into a wall while I was holding our son and a mirror broke on me and cut my arm. Then he broke our front door off the hinges. He was arrested for assault and resisting arrest I believe. He is not even supposed to be here. Also I do not have a family. My dad has passed, I do not have a relationship with my mother and I do not have any siblings. Grandparents are deceased, its just me and my kids. I am not from this state, I do not have any friends here to help me. I really will be homeless.

Answer:

In addition to contacting a family law attorney, you should contact the prosecutor in the Domestic Violence case right away and make him or her aware of your husband’s behavior as it may impact the Domestic Violence case. This behavior may also impact the state’s position in the Domestic Violence case. He being convicted of Domestic Violence will also impact a custody case.

Good luck!

Patrick Sampair
The Sampair Group, PLLC

Offices Valley-wide:
Arrowhead: 17235 N. 75th Avenue, Suite E-100, Glendale, AZ
City North: 5450 E High St #300, Phoenix, AZ
East Valley: 1830 S. Alma School #114, Mesa, AZ

West Valley: 623.218.1000
Phoenix: 602.997.7717
East Valley: 480.636.1333

To read more of Phoenix child custody law attorney Patrick Sampair’s answers on Avvo and be sure to check out his child custody page, or if you have a question for Mr. Sampair ask him directly at Sampair Group .