heres the skinny...My wife of three years has left me for a man who she met online. This guy lives in Canada...im in Michigan. She has left with absolutely nothing...she is not even going to be able to make it to the friends of the court hearings. She doesnt have job or anything, and they are already planning to get married and they want to move over here. Dont know if this is after or before their wedding. I have filed for divorce but i dont know where to serve her at..i dont have an adress. She left our child in my care and now she is very pushy about me sending him over there or allowing her new boyfriend over to my house so she can see him. She has mentioned fighting me for full custody...just wondering if the courts will take these drastic things she has done into consideration if this gets ugly...I have steady income and an excellent support system for child care. And there is absolutely no domestic violence on my part. So what do yall think my chances are of winning?
2006-10-15 02:59:17 · 12 answers · asked by babo h 1 in Family & Relationships ➔ Marriage & Divorce
First of all, she is served at her last known address, your home. Second, if that fails, and obviously it will, she is served by a three day notice in a prominent newspaper in the town of her last known address, which also won't work. Oddly enough it doesn't matter, you have met the law. Your attorney knows this..
Now to the question of custody. You said she left with nothing. I assume that means you have her computer. Down load all correspondence onto two CD's. Lock one up and give the other to your attorney. Then hide the computer, just in case.
I am not an attorney but my guess is you have a good case. Good luck.
Vaya con DIOS
2006-10-15 03:10:25 · answer #1 · answered by chrisbrown_222 4 · 0⤊ 0⤋
Be the one to file for custody first. The child is already in your care, that says a lot about the situation. All you have to do is prove stability for your son.
It is very difficult for the father to get custody unless the mother can be proved unfit. The courts are going to look at who can spend the most time with him, that is very important. Even though you can provide better for him, you may not be THERE for him, you know? If your ex marries this guy and doesn't work, she will be able to raise him full time. I don't think they will consider her being with someone else unfit, even under the circumstances. However, she did leave her son behind and in your care which shows that she trusts you with your son. Being a mother, and looking into this deeply in the past, the odds are against you. Just be the first to file for it and get it in the works. If you are unable to locate her, to serve her then that shows how bad she wants to see her kid. It also shows that if you let your son go with her, you wont know where he is. Be careful, and be aggressive in pursuing this. Good luck.
2006-10-15 03:35:12 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Google "father's rights" or father's custody. You need to educate yourself- above and beyond what your lawyer tells you. READ and find out the laws specific to your state. Custody is not about justice although it should be, it is about which party is more prepared!! Make sure that is you! From what you write it sounds that she has abandoned her child. Everything she does or says should be documented by you. Do not leave it all to the lawyer. Logging on to Father's rights sites will help you a lot as you will learn about the mistakes dad's make and how women take advantage of the court system and play their "fears" to the detriment of both fathers and the poor kids stuck in the middle.
2006-10-15 19:47:21 · answer #3 · answered by atheleticman_fan 5 · 0⤊ 0⤋
you chances are about 60 to her 40% , she is the one who left you an the child. just stay firm an hold your ground. hope you have a smart lawyer that really fights for you! you deserve the custody of the child. no judge is going to give a run away mama custody. no telling where she will leave that child , when she meets someone else online. good luck , an i am glad to hear she didn't take the child clear off to canada , then it would of been very hard on you. those guys from canada are very good at convincing women here to do all kinds of things! even the money order scam , alot of them came from men in canada.
2006-10-15 03:12:44 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I think pretty good, You have the kid that's a big part. If she doesn't show for court, you should win by default. Have your lawyer draw up a divorce decree that gives you everything. and one for if she shows up. Never for any reason give her the kid for any length of time until you have an address for her and a court order telling you you have to. It may get expensive but it's worth it. And above all else make sure your child is as happy as can be, after being abandoned by her mother. Good luck!
2006-10-15 03:27:17 · answer #5 · answered by knujefp 4 · 0⤊ 0⤋
This does not constitute legal advice. For legal advice, call a lawyer -- indeed, you wil need one when you file a divorce anyway.
However, I can answer a few general questions for you. First, you can file the divorce in your local divorce court. They will tell you how and through whom to serve it. Alternatively, wait for her to act. When she come to the U.S. (presumably to fight you for custody?) you can serve her with papers for divorce and custody. In general, if you do not have any incidents of domestic violence, etc., your chances for custody are pretty good. Judges take all available information into account, which obviously includes all the things she has done.
2006-10-15 03:03:47 · answer #6 · answered by rd211 3 · 0⤊ 0⤋
Document time ,date, and every detail of every conversation or correspondence with her. The fact that she abandoned the child and left your marriage for someone else will help. Logic says you are the more fit parent, but courts often side with the woman. Make it clear to your lawyer and the courts that you want full custody.Expect her to make false accusations against you that may actually work in court. My husband tried to get custody of his kids and it took us over two years to actually get to court. She said he was violent etc. with no proof ( because he isn't violent) she had the kids tell the judge that I hit them(also never happend and she didn't have to prove it). Meanwhile she had been involuntarily committed to a psychiatric ward by the courts for suicide attempts and she also failed three of four drug tests (for thc and amphetamines). She still got custody. It's hard to get kids from their mother's. Get school records of your child's good attendance and grades to prove he/she is doing well with you. etc. and be prepared to provide proof of your income and your ability to care for him. If you have anything bad in your past, expect for it to come out if things do get ugly.
2006-10-15 05:54:47 · answer #7 · answered by erin 3 · 0⤊ 0⤋
You've asked several questions. First I'm not a lawyer, and you should follow your lawyer's advice. As to serving her with papers, the laws of your state will guide you. Generally speaking, you will probably have to advertise the divorce proceedings in the local papers for several days, giving her public notice. Secondly line up witnesses to her leaving, and her subsequent behavior. At this point do not allow her any unsupervised visits with the child. Do not allow the boyfriend into your home, as if anything happens, it is your word against his, and she will testify, on his behalf. As a warning, be prepared for her to do to you, what you used to enjoy doing to her, and thereby conceiving a child.
2006-10-15 03:17:21 · answer #8 · answered by Beau R 7 · 0⤊ 0⤋
Wow..really sucks....not sure how the custody will work out...on suggestion I have is this, as the divorce progresses, make her an offer that she will get some financial gain from, since her and the new "love of her life" (puke) seem to be extremely impulsive with no regard for others, maybe a few bucks will be more appealing than having the kids...good luck man...glad your kids have you...
2006-10-15 03:24:17 · answer #9 · answered by Anonymous · 0⤊ 0⤋
what you need to do is find out where your son is and when your husband is not there with him. you can call the police and tell them your son is with some one else other than your husband and the police will go with you to pick him up. what ever agreement you and him made between each other is not valid with out the court. you cant take your son from your husband but you can the baby sitter. all so you need to go to legal aide and get you a free attorney. are find you an attorney. do not go to court with out the present of an attorney. if you want your child back. but like i said call the police and go get him. when he is not there.
2016-05-22 03:51:48 · answer #10 · answered by Anonymous · 0⤊ 0⤋