I have lived here for 1 1/2 years. She is having an affair and I caught her. We have been in counseling, and she has started another affair. She asked to date this person while we were having sex and I said no. One week later she asked me to move out. We have two children together (I think). I'm in between jobs(start new on Monday) and want custody of our children based on infidelity and marital cruelty (if there is such a thing). I'm a loving father, husband and friend to my wife and I don't deserve what I'm getting in return.
2006-10-05 04:34:08 · 13 answers · asked by 5heartbeats 1 in Family & Relationships ➔ Marriage & Divorce
Most states have renter laws and protection for those people. If you have stayed for more than 30 days in a primary home, there are laws protecting you from an abusive landlord. A lot of times you can apply these to situations like these, even more so if you can prove u helped pay for the bills. Find a lawyer. It will be better for your fight if you find a good lawyer to help you along the way. Tell her you don't like it and you want to stay in a committed relationship but don't stop her. Just shrug and don't put to much weight on it. BABYSIT the KIDS! Cook. Make sure your the primary involvement in the school stuff etc... A lot of conservative judges will pound a woman for neglectful behavior and if she isn't in touch with reality she probably will not be in touch with the kids. Find a lab. Get them tested! A lot of states have paternity fraud rules... If you get them tested in time (before a certain age) And even after if they test not be yours be the good father... Don't abandon them.. It shows character. Call your work and ask them if they can postpone your start date. Or don't go to work until your court date comes up. When the judge asks you why your lawyer will say you were extremely worried about the welfare of your kids and the emotional strife they are going through and you didn't think your wife was paying them enough attention (cause obviously she is running around) Take the kids to school and make sure you pick them etc... Get a lawyer! Oh wait did i say that already? Get a lawyer! If you want something in our court system you have to play hardball.. She will. And a lot of courts assume that a wife is the better choice for the kids.. You need legal help. Don't take the advice not to.. IF you handle it yourself some judges will assume you have this I am right attitude (I've seen it happen :() Show your willing to seek out advice it shows wisdom! And do not harbor bad feelings towards her... Be even keel. Forgive her. And make all your actions happen in a clear minded way, it will show. I mean come on your tired right? You tried right? And whatever the problem she didn't want to work it out! So well.. Now the next step. The children and life goes on. You would be surprised at how many women, hot wonderful women will love a man for being an honorable and responsible man! ;)
2006-10-05 05:44:02 · answer #1 · answered by mint_ice_cream 2 · 0⤊ 0⤋
If your name is not on the lease yes she can give you a thirty day notice.It sounds like she is mentally unstable if she is asking her husband if she can date another person while you and her are having sex.Maybe she is not in touch with reality.I recommend you just take the children and leave her.Do it right.Get a three bedroom apartment.Even dads get HUD, so if thats what you need do it.Dont tell her your plans.Once you have your apartment or house leave her and take the kids with you.Go file for full custody.Just tell your lawyer how you dont feel it's a good environment for children because of all the different men that come and go.Also you should mention she is not right in the head.
2006-10-05 05:01:06 · answer #2 · answered by Anonymous · 0⤊ 0⤋
you cant take your children because your wife had an affair. you would need grounds based on her neglecting or abusing the children, and show that they would be better with you.
yes your wife can ask you to leave the house if it is her name as she lives there with the children. im surprised she has given you a months notice. she could ask you to get out immediately.
your relationship problems will have an effect on your children so it is best that you are not living under the same roof, especially if you are going to use them as pawns.
you say your a loving husband and friend to your wife, but she wouldnt be looking for love/sex elsewhere if everything was rosy with you.
accept your marriage is over, move out and get on with your life, and remain a loving father to your children.
its not nice and its not fair but its gotta be done
2006-10-05 04:42:02 · answer #3 · answered by Anonymous · 0⤊ 0⤋
First do not leave the house. Once you walk out she has you by the b a l l s for leaving. Stand your ground and tell her if someone is going to leave it should be her. Do not leave. Don't fight. Don't hit. Last get to a lawyer asap to cover your a s s. You don't need to file for divorce but you better get a good lawyer before her. She will be hitting you with a restraining order soon because she is going to say you are abusive to her. Better start now and be one step ahead or you are going to loose everything.
2006-10-05 04:41:06 · answer #4 · answered by Mit 4 · 1⤊ 0⤋
well i know from personal experience in some states you can be made to move out if you have been in a residence for over 30 days. when i found out my husband was having a affair i asked him to move out, he refused, i called the police and a lawyer who told me that. i had to move out. also i was a very loving, kind and generous spouse but the affair still happened. he went to great lengths to hide it from me, but was still being intimate with me and letting me tare care of him. so there are some spouses who are just jerks and its taken me a long time to come to terms that his behaviors were not my fault and were not due anything i was or was not doing. i feel for you and what you are going through and i wish you well. talk to a lawyer.
2006-10-05 04:58:32 · answer #5 · answered by hamhead 4 · 0⤊ 0⤋
no you dont deserve what you are getting. nobody does. i think she can do that though. since the marriage seems to be over, i would go ahead and move out. not because she says so but because there is nothing left of the relationship. i think you can see a judge to try and get some rights of visitation or temp custody of your kids. you shouldnt have to have a lawyer for that.
2006-10-05 04:41:43 · answer #6 · answered by butterfly 3 · 0⤊ 0⤋
Yes, she can give you thirty days to move out, but on papar, not verbal. I'm so very sorry this has happened to you. Get yourself a good lawyer when you can and get custody of your children!
2006-10-05 05:52:45 · answer #7 · answered by older&wiserforit 4 · 0⤊ 0⤋
Yes she has the right, it is her house, The thing you need to do first of all is to establish housing, before you can get your children, and a secured job, So my suggestion to you is, to find some where to stay, give yourself time to get yourself together, then and only then, will you be able to get your kids. You need to forget about your wife, and concentrate on yourself. Your wife has moved on from you!
2006-10-05 04:43:45 · answer #8 · answered by roseannetb@verizon.net 6 · 0⤊ 1⤋
She can't have you removed because that is your primary residence, you are married. She will have to file something with the court to make you leave. You can file based on infidelity and abuse. Good lUck
2006-10-05 04:52:38 · answer #9 · answered by Raineybaby 4 · 0⤊ 0⤋
Be careful the court believes everything a woman says. If she is doing the cheating then kick her out. And she asked to date someone else!! Wow1 toss her to the curb now..divorce her *** now!! there is no love anymore. get a lawyer, get your kids, and get her out of there!!
2006-10-05 04:58:24 · answer #10 · answered by Anonymous · 0⤊ 0⤋