i left my husband a week ago in iowa and came to south dakota with my kids. My husband plans to fight me for my kids saying that i did not take care of our kids and that i didnt keep a clean house i will admit that my house was not the cleanest but it was not dangerously unsafe. I have lived with him throwing stuff/breaking stuff and been caught in the crossfire a few times and he has spanked our kids so hard that he has left red marks and welts and he has also thrown toys at our sons head on several occations and has refused to let me take kids to the hospital when they have needed to go resulting in me having to get his parents to take me and kids to hospital but nothing has been reported and i have no proof of the abuse. I have no money to afford a lawyer and have been told legal aide will not help my case so what do i do?

bump someone help please

Contact the hospital and find out who saw the kids' red welts and get a statement or a copy of the medical records as something should exist. You need to file for legal separation or divorce and for sole custody of the kids with the father just getting supervised visitation because of the abuse. I suggest taht you file asap as an emergency situation. If you do not, he will file more than likely and you lose the advantage. You sound like you would qualify for Legal Services or Legal Aid, so get a phone book and locate them for the area you are in. Good luck. This is a link to a site with a hotline number t hat may be able to get you and the kids in a shelter while you get life figured out-- http://www.ndvh.org

Thank you elklaw for responding the doctors never seen the welts or anything it was other reasons that he would not take kids to hospital one time it was when my daughter broke her collar bone. I applyed for legal aide and i was approoved for an attornee for the protection order hearing and was told a decion will be made after that as far as divorce and child custody help with legal aide.