Monday, August 23, 2010

Not divorced yet, but need some advice .?

My spouse decided that he wanted to get a divorce when I was 6 months pregnant. He bought myself and my daughter and train ticket to Illinois (from Montana) to live away from him. I am getting ready to deliver in the next 2 weeks. He has never done much for our daughter, he would rather be with his friends drinking than anything else. I want to know if I have the right when he gets here (since we are still currently legally married) to say when and for how long he can spend with our daughter. He has said he can take her if he wants to, and I am nervous he will try to take her away from me, especially since I have been the only stable thing she has had since day one. I want him to see her, but only for an allotted amount of time. Do I have any legal rights when it comes to this situation, or can he just come and get her whenever he pleases?Not divorced yet, but need some advice .?
Technically he is right. You've not been given full custody yet, so even though he sent you away he still has legal rights to see the child. Although he has rights to see the child, I don't suggest you allow him to be alone with her, especially since she has no cue who he is since he doesn't see her. He can come visit her with you in the house, and if he wants more visitation or joint custody inform him that he'll need to get a lawyer before he can have more. You can't get into trouble because you've allowed him visitation anytime he wants while you're around, you'll have to let the judge know you're concerned about his mental situation and that he may kidnap the child.


In the meantime it would be a good idea for you to file for divorce and get a lawyer as well. Lawyers aren't always required but it sounds as though he may cause problems so you'll need some help.Not divorced yet, but need some advice .?
you need a legal separation to state what has already happened.


don't mess with this one. if you really want to have as many 'rights' as possible with your children, you need to make it official- so go get a lawyer.


don't be a victim ANYMORE!


take control here- if not for you, for your children.
You have all kinds of legal rights, but you actually need to go to court to enforce them.





Contact a lawyer immediately about petitioning for full custody of your children. While you're at it, petition for child support, too.
You need to take him to family court and get child support and visitation set up. You are sperated and living in different states so it should not matter the divorce is not final.
Get a lawyer now. you're the mother too you know. What kid of men that can ask his wife for divorce when she is pregnant? what a shame.





You should fight him to the END.
You need to get an attorney immediately.
Talk to a lawyer immediately.


He has no more rights than you do, but you need to have legal protection.
You need a attorney
better divorce him
GET A LAWYER...NOW!!!
Since he would rather be with his friends drinking, I suppose he's not someone who stays home 24/7 for night feeds or diapers changing. Apply for separation from him legally and not fight for custody but instead ask for visitation rights. Let that drunkard handle the baby and do the dirty job till he eventually give up the custody to you. He's playing his game with you because he saw your weakness. The only way to handle it is to let him have the baby for all he wants. He will eventually give up dear, just wait and see. God luck.
He cannot take your daughter away unless he has legal justification to do so. First off, you need to file for a divorce. Then get him on child support. Then get him on alimony. If he cant except is resposibity and not send it away then he is sure going to have to pay for it. As far as the custody goes, you make it very clear to the courts what he did by sending you and your daughter out of state. He will end up losing most of his custody if not all. Thats considered abandonment. You will be better off. Divorce is in order. The courts will help you do whats right for the children.
I am NOT a Family Law Attorney, and the laws in different states varies, but this depends on a number of factors:


1. Do you work? Or Does He? of do both of you work?


If you've been supporting yourself during your pregnancy, you have a bit of a case.


2. Does he give you any financial support?


If not, then he couldn't possibly get custody.


3. Do you (because I can already see he does) have a drinking or drug problem?


A judge can determine who is the most competent parent by the history of these elements. If you're the most stable, you'll get custody.


4. Are you currently insured under a policy which holds that he is the primary policy-holder?


If you're taking care of the medical expenses of child birth on your own (i.e. without his name) you could be entitled to win a case.





There are several other relevant questions, but I highly recommend you consult an attorney. They know the law....





You might want to start gathering information that will help you win custody. Prove that he is an unfit parent, then nail his *** for child support. You want to shoot for COMPLETE custody of your child, and then you can allow the visiting.





What a jerkoff, but best of luck to you
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