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If the abuse is not physical, but mentally abusive; and you feel the children are not safe with him. Then you must simply file for divorce. There will be a custody hearing but if you present your side stating you feel the children are better off with you, chances are you will win. you must prove the children are better off with you and that you can provide for them. most judges feel the children are better of with the mom anyway so you have an advantage there. Chances are the children have either overheard or witnessed the abuse occur. If he really battles you for custody, the children may be consulted by a social worker to assess which parent will be a better fit for the children. As far as leaving him, Consult a friend on what plan of action to take. Theres always family too, you'll need some form of support to really get through this time.

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Q: How do you leave an abusive husband and win custody of the children if the abuse is not physical and you have no evidence of it?
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What is meant by the phrase petitioner further prays for temporary and permanent legal custody and physical care of the children?

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What do you call a list of people who have had physical possession of the evidence?

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Can you move your children out of state if you have residential custody?

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Can a child's grandparent get full custody if the parents are abusive?

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If parent with physical custody can he take away visitation of children if he feels children are in danger in Massachusetts?

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