need to keep my baby girl

[trappedncheated]

i was/am in a mentally and emotionally abusive relationship (well, in my eyes it was abuse). i ended up cheating on my spouse for about 6 months. i was planning on leaving. then my spouse found out about the affair. now there are a whole bunch of demands on me in order for me to stay adn make it work for my spouse's benefit. its like im getting back into the same rut i was in before of doing things to keep peace, even though i dont have peace within. but now i want out. the up and down mood swings of my spouse is not a good/safe environment for our 22 month old daughter. i need to know what i need to do to ensure my daughter stays with me.

Are you the mother or father?

Chances are if you split that you both will have some contact with the child unless you can show a danger due to the abuse.

[trappedncheated]

i am the mother. i dont care if my daughter see her father but i would like to have sole custody.

Most States encourage shared parenting.
You and your soon-to-be-ex spouse need to learn to get along, because you will both be sharing responsibility for your child.

[trappedncheated]

now my husband is tryin to get me to leave. he mentioned that he wont be leaving but has told me to leave several times. im thinking that he has been advised to not leave and let me dissolve the marriage. is there something in the law that gives preference to the spouce who didnt leave...especially with regard to child custody?

Most States have "no-fault" divorces, so it does not matter who files. I also doubt the courts will take into account who filed for divorce when considering custody.

[Grey Wolf]

When I filed for my divorce from my ex wife. I was told that it was good that she left the "marital home". It was considered abandonment and I got sole custody of my daughter. Just food for thought. I would consult a lawyer as to what your options are.