I am in the process of getting a divorce with my wife of 7 years. Although i am not happy with her decision to leave, i have accepted it. The problem is she moved to a different state and wants custody of our two children. I know our court systems tend to led to the female in these types of issues. But here is my question, she has tried to comit suicide a total of two times in the presence of our children, she is on depression medication, refuses to go to treatment, has not been there for our children in the past. She used to sit on the couch and watch tv all day instead of spending time with her children. During our childrens life i have been the one that spent the most of the time with them, playing with them, taking them to the park.....So now she says shes changed and wants to be the mom that she never was. When i take this to court do you believe i will get custody of them? Thanks
2006-09-14 07:31:51 · 9 answers · asked by ttf101 1 in Family & Relationships ➔ Marriage & Divorce
get an attorney. get her medical records. you will need them.. judges generally look to the mother but there are exceptions. my son was an exception and you also sound like an exception.
2006-09-14 07:57:06 · answer #1 · answered by honiebyrd 4 · 0⤊ 0⤋
She left with the kids and moved out of state without your consent? You do need to get an attorney. After appearing in court the judge usually decides if it's in the child/s best interest for the children to be away from the other parent if he/she does not consent to it.
Regarding being a negligent mother has to be proven and will depend on medical records, school records, police records, witnesses, etc...but that may have a reflection on you also. Whatever backup documents you have...you'll need to present in court.
2006-09-14 14:43:38 · answer #2 · answered by Anonymous · 0⤊ 0⤋
The court is much more open-minded these days than you might think. Document dates, times, etc. of anything you think might be helpful in your case - and get a good attorney. If it means you get to keep your children safe, it's money well spent.
I have friends of both genders that have been through this, and I do have faith in the system. If her behavior is truly irrational, it'll probably come out in the course of the divorce proceedings as well. Judges tend to take a dim view of people who can't conduct themselves well in the courtroom.
Good luck to you!
2006-09-14 14:37:49 · answer #3 · answered by 40yomama 4 · 0⤊ 0⤋
I thinl you need to get you children back with you asap and you are wrong courts arent always leaning towards the mom anymore you said all she did was sit home with the kids all day and not even really take care of them,shes in denial about her mental issues,on top of that shes left the state with your children so this tells me that they are her mealtickets because if she has them she knows you will have to pay her child support.She refuses to go to treatment for her mental issues I can tell you this will not look good to the judge who hears your case and since shes never been there for them why else would she have left with them like I said unless they are her meal tickets.Please get your kids back with you asap because the fact that shes got mental issues and refuses to get help should be enough for you to get tem.custody of your children because if shes so unstable that she would try to kill herself in the presence of your children I would be worried about their safety I wish you well please find a good attorney NOW.
2006-09-14 14:57:20 · answer #4 · answered by CaliMa 3 · 1⤊ 0⤋
If what you are saying is true then yes you should have costudy. If she moves them to another state then you won't know for sure what they are going thru. You sound like a good dad. Do what it takes to keep your children. Good luck! Judges have a good judge of chacter.
2006-09-14 14:47:36 · answer #5 · answered by Paulda37 2 · 0⤊ 0⤋
You need to play hard ball. Get her medical records admitted as evidence and get lots of character witnesses.
You are right, you have to try real hard to get custody if you are a man,.
2006-09-14 14:38:19 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Hire an attorney NOW and get them BACK to your state.
She is establishing the custodial environment right now!
If you sit there and do nothing you will loose your kids...
GET OFF THE COMPUTER AND CALL AN ATTORNEY!!!!!
2006-09-14 14:38:13 · answer #7 · answered by WhatNext 3 · 0⤊ 0⤋
well you will need to have prove from her doctor that she has depression problems and that she tried to commit suicide dig up any papers that you might have to take to court that would prove her unfit and good luck man my heart goes out to you i hope you get your kids cause she sure does not sound like she needs them
2006-09-14 14:36:55 · answer #8 · answered by sunshine girl 3 · 0⤊ 0⤋
She can not leave the state without your permission.
2006-09-14 14:43:57 · answer #9 · answered by YAHOO SUCKS ASS 3 · 0⤊ 0⤋