Unless he's abusive, an alcoholic, a repeat criminal, a drug addict, doesn't provide for his children or has a partner that is either of these - you can't. The father has the same every right to access the child as the mother.
If you are the mother you should be able to leave with the children. Depending on your state who ever has the children in their custody more likely gets the children if in a stable environment.Another PerspectiveUntil there has been a custody order issued by the court both parents have the same parental rights. Most women who separate from their husbands pending a divorce keep their children with them, however, if the husband objects the wife needs to consult with an attorney or court advocate and try to obtain a temporary custody order.
Unless your custody agreement prevents him from bringing the children around other women, or if she is somehow endangering the children, there is nothing you can do.
Most often the mother. JK Rowlin got custody there than took the children to England to keep the father from getting access rights.
Diana and Prince Charles shared custody of the children
The non-custodial parent can go to court and request custody of the children. A judge will decide which parent should be awarded custody of the children. The circumstances under which the children are currently living, combined with the reason(s) they are not living with you will be a big factor in whether or not you get to keep custody of the children.
Yes, if the father is not given custody he will be obligated to keep paying support to whomever the court awards custody or guardianship of the children.
No, however the chances of you getting primary custody are slim to none. The other parent would have to be deceased, or proven unfit for the child. Which with 5 domestic violence charges, you would be proven unfit immediatley.
This question is difficult to answer without having other details related to the situation. If there was a legal loop hole in how you originally obtained custody, or if children there was just cause for the state to take the children away from you such as neglect or abuse you may have a hard time getting custody back. However, if you were a loving and responsible parent and can prove so, you should start by getting an attorney who can help you demonstrate that you were given custody in a legal fashion and then the lawyer can help you build a case for why you are a suitable guardian for these children. Find an attorney who specializes in child custody and, if possible, one who has previous experience working with the state so they are familiar with situations such as the one you are currently in.
If your ex has custody than yes. If not than the other parent has every right.
This is a common myth. Both Jon and Kate Gosselin have custody of their children.
* Communicating with your ex husband is the best way to go. You have custody rights as well and you can let your husband know it upsets the children when they see their father with his girlfriend and you prefer not to have her around. Hopefully he will agree. If not and she seems like a nice enough woman it is to your best interest to act calm while she is around because children learn from their parents and if they see one or both of their parents upset they will pick up on this. Most of the time it's not about the children at all, but between the two exes.
Possession, duis, and possibly previous convictions.