Hi my name is Heather and I have a 1 year old son. I am still married only due to the fact that I am worried about my son. I would like to get a divorce, but do not want to have to fight over custudy. My husband has been court marshalled and is on appelt leave until next year were he will then be out of the USAF with a bad conduct discharge for drug use. He has been smoking pot, spice, and resently I found out using LSD. He was addmited into th hospital for the LSD because he was loosing it. He even locked our son out of the house twice. We do not live together and are seperated. His mother, I had to get a restraining order on because she has harrased and threatend me. His brother is a big pot head and doesnt see anything wrong with drugs, whom he lives with, and his grandmother is a nasty alcholic. She also lives with them. I want to keep my son away from these people and would like my husband to either sign away his rights or have supervised visits. I am afraid if I file for divorce and custody that a judge would just hand my son over to him and his family. He wants 50/50 custody. He doesnt have a job and refuses to get help for the drugs, because he says he doesnt have a drug problem. I would like to know what to do and what my rights will be. He moved out of here on feb 10, 2011 and only comes by once in a while.

You are going to need to go through the court system. I would suggest speaking with an attorney regarding this. Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html and http://resources.lawinfo.com/en/index.html. You can certainly try to speak to a lawyer to determine what legal options may be available. In the meantime, you may be able to learn more on your own. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.

Hi my name is Michael I'm a PrePaid Legal Associate and I'm sorry to hear about whats happening to you're family, I would normally wish the best for our armed service's but in this case i wish the best for you. I will tell you up front I'm not a lawyer I just help people in situations like yours and this is how it would work. The prepaid legal company would charge you $27 to get started and $17 a month every month after that with no contract what this does is gives you access to law firms across the country and they will answer any questions give legal advice and write a letter or make a phone call on your behalf if they feel it will better the situation in this case, the letter or phone call your past that but they can give you a lawyer in the area of law you need. I dont know if your planning on using a lawyer or not but the lawyer here would get you up to speed on what you can do what the most likely outcome would be of what you decide to do would be. In your case it sounds like you would have to go to court but again im not a lawyer but if yo do go to court if you were planning on representing yourself they would prepare you on the phone and if you want them to go for you you get 25% off what it would normally cost you and you got this far without paying retainers and you're not obligated to keep it if you decide it doesn't work for you so i really think you should at least look into this.

My email is mschulz22@live.com it goes straight to my phone so if you are interested or have any questions please email me and ill get right back to you

I wish the best for you no matter what
Michael Schulz