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  1. #1
    Koala is offline Member
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    Question baby result of husband rape/I want full custody in FL

    I married him in Dec 2009. He was abusive verbally and then physically, shoving, shaking and pushing as well as threatening with knives.
    I tried to serve him divorce papers before he was deployed (we are both Air Force). He refused to sign.
    I became pregnant after he raped me in April before he left for a visit with his parents.
    I did not report the rape as I did not want to get him kicked out of Air Force.I did file a SARC report which is in my mental health records. It is restricted but I can change that.
    He returned from deployment two days ago.
    He now says he doesn't know whose baby it is. Denies baby is his. Denies he raped me.
    The last time we had contact was in November.
    How can I divorce him and get full parental rights over my baby?
    If he signs a paper saying he does not want the baby will the court award parental rights to me alone?
    How much can I expect to pay an attorney for this divorce?

  2. #2
    Attorney Howard Iken's Avatar
    Attorney Howard Iken is offline Administrator
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    Tricky situation. If he denies he is the father, and you agree with that denial - you will get sole parental responsibility. The big issue is that the child is presumed to be a common child because the birth was during the marriage. A judgeicon will ask questions about that.

    On pricing, you are best off seeing us for a free initial consult first.

    Attorney Howard Ikenicon

  3. #3
    Koala is offline Member
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    What about the abuse to me? Would a judgeicon take that into consideration even if I did not call police. ( I could not at the time because he always took my phone away and blocked the door so I could not leave, I was in a wheelchair recovering from a pelvic fracture)
    That is why I made the SARC report.
    I don't want to be vendictive, but I also don't think he would be a responsible Dad to this infant.
    Do I have to make the SARC report of sexual abuse public to be sure I get this child? It would probably end his Air Force career.
    Then his parent would try to do things to me to try to get the baby away like call Children's Services on me repeatedly.
    They have previously reported me to the police for other things that I had to prove to the police I did not do after they thought I had been "bad" to their son.
    We have lived seperately since August 2010.
    I have paid some of his bills even after August because I did not want any problems from anyone. Can I get that money back? The bills were in his name only and I have records of payment.

  4. #4
    Attorney Howard Iken's Avatar
    Attorney Howard Iken is offline Administrator
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    You have a lot going on here ... way too much for a simple Q & A forum. Please come in for a FREE appointment.

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