Thursday, July 29, 2010

How would this divorce work? What advice do you have?

I am getting ready to file for divorce in the state of CA. My estranged wife is currently living with friends in MD with my 4 year old daughter. She isn't on any lease, and only recently moved there from her friends house in SC.





I wish to file for full custody, I am aware that the likelyhood of me getting this is close to nill. But I want at least physical custody during the times that she is in schooling.





What moves should I make in regards to Custody when I file. She has no income that I am aware of, and I pay support for my daughter ever paycheck. She is the type to make up all sorts of allegations to get what she wants, and will fight me for custody in every possible way.





I guess what I am looking for are the opening moves. I have a steady income, renting a house, and can provide full health coverage to her. My ex comes from a childhood filled with physical and psycological abuse and I worry that she may move towards abuse in the future. Please advise.How would this divorce work? What advice do you have?
You need a lawyer, not yahoo answers.





Just a little bit of advice for the future: I'm sure you knew your wife was ';the type to make up all sorts of allegations'; and had ';a family history of abuse'; before you decided to make her the mother of your child. Do a little thinking next time before you stick it in, huh?How would this divorce work? What advice do you have?
if you can bring full proof of her as being incapable of taking care of the child especially the mom as being abusive then you can file for full cusody and arrange supersion for the mother to come and visit the child as for prooving her as been incable use as evidence the fact that she is not working and going to school
I would file for custody, let the court decide which way is best...Sounds to me the kiddo would be better off with you. I would get a Lawyer, this will help you plus they know all the ins and outs. If your in Southern California i can give you the number to my lawyer, he is great and loves a battle.
in the absence of a court order, each parent has a right to custody. get your daughter, then file for custody.
Well I don't know how long you have been separated but already in your question your wife has moved her daughter several times. Which this is not good for the stability of a child to be constantly moved from place to place.


Also you say that she has no income that is another thing in your favor, and since she does not have a job, she cannot afford a place of her own for her and her daughter..


YOU can also bring up the abuse from her past.





Does your wife drink, do drugs, if so you will need evidence to prove this as well..





Men are getting custody more often than you think, if you can prove stability and a stable home and job, can provide for the child where as the mother cannot you will probably win custody.


You will need to prove that you have a separate bedroom for your daughter with a bed dresser, etc for her..





But from what you have said you may stand a pretty darn good chance.





Best of Luck

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