What are the chances???

[leigh612]

I'm posting to try and get help for my sister.  She has 4 children ages, 1,4,6 & 11.  She has been a stay at home mom for the past 10 years.  She recently decided to divorce her husband because of his controllling ways and emotional abuse.  When she first told him they decided to stay in the same home together but the police were called to the home twice in one week and said someone had to go.  He REFUSED to leave so I told her that she could stay with me for a few days.

In the mean time while were getting a few of her things together he goes and files an EPO against her based on false allegations. He was granted what he asked for which was for her to not be allowed on the property or near the children until the hearing a week later.

At the court the next week the EPO was not granted.  Here is the problem she is now out of the marital home.  HE will not leave.  Everything that I have read here states that he might be granted custody because of this fact.

He has stated that he has filed for sole custody.  She hasn't been served yet but I don't doubt that he has done it.  Right now he is selling their assets to pay for a high priced attorney while she is trying to scrape together enough to pay for hers.  He has taken a leave of absence from his job and staying at the home so she can't even go there.  He has told her that he filed for sole custody because he does not want to pay child support.  He has never been the care taker of the children nor is he even really close to them.  

What can she do now that she's out of the home?  Could she really lose custody because of these circumstances?

[mistoffolees]

1. Contact an attorney
2. unless the attorney tells you otherwise, move back into the marital home. If her name is on the title, she has as much right to be there as he does. If he makes an issue of it, call a locksmith, change the locks and don't let him back in (consult with the attorney FIRST, though since I am not a lawyer and can't offer legal advice).