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Clare, Solicitor
Category: Law
Satisfied Customers: 35057
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Good morning, I wonder if you can answer me something that

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Good morning,

I wonder if you can answer me something that has been worrying me. I have been married for 14 years and have a young son of 8. My relationship with my husband has always been strained and there has been some violence in the past. My husband is currently in prison for commercial cannabis cultivation and received a 4 year sentence.

My son and I have moved up to another part of the country and I have a new job and my son is loving his new school as he goes with his cousins and I am currently living in a large 3 bedroom house with my mother so all the support network is in place.

I no longer love my husband and am looking to divorce him soon. The problem is with my son. He has thrived since my husband has been out of the unit and he does speak with his dad but always seems to be upset my his or his grandmother (husbands mum) who scared him and would not leave the house before we moved. My question is can I apply for sole custody?

I now live 4 hours away from where I used to live so joint custody would be difficult and my husband will probably try to get my son back down to where he will be in 2015.

Please can you advise.

Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
When is your husband's earliest release date?
Customer: replied 4 years ago.

March 2015 when he comes out on probation. But as part of reintegration he will get to come home for 1 week a month from May 2014. This will not be at my address but I assume his mothers.

What contact is your son having with his father?
Customer: replied 4 years ago.
None currently as he is in prison.
Hi Amy
Then the child is already resident with you and there is no reason why that should change when your ex is released from prison
The only matter which might change would be the issue of contact
Given the large gap in contact and your ex's criminal record any contact arrangements will have to be introduced carefully - possibly a few hours at a Contact Centre once a fortnight to begin with and building up from there
There is no question of his having to go back to live with his father
Please ask if you need further details
Clare and 2 other Law Specialists are ready to help you
Customer: replied 4 years ago.

HI Clare


Many thanks you have been really helpful. I protected my little boy from the fact that his dad was in prison as he is very sensitive. I just did not want to feel bullied or harassed in terms of where Tom would go. I did view myself as the primary carer and we have a great relationship. I just do not want him to feel torn. But if he does would I have the final say as to where he would live? Or is this up to a certain age?


Thanks Clare



It is the court who have the final say - but there is little doubt that he would stay with you