A few years ago i got a divorce from my husband. I moved out and got my own place and he used excuses to move himself into the place i rented..i ended up on the couch while he slept in my room! He promised it would only be a few weeks till he got another place,because we have kids together i wondered where they would stay while i was at work on second shift,so i let him in-8 months later he was still there and not paying a dime!So i moved out of state,the kids were in school and not knowing what i could provide for them and not wanting to disprut there live any further i left them with there dad in the home that i rented i payed all the bills ahead a month so after that he would take over the house and get the power and things in his name,which never happened.He recently let the kids move up here with me and no he wants to take them back they have been here since june and are already in school..he said if i tryed to get custody he would say that i abandoned them...we have joint custody
2006-11-07 01:44:14 · 12 answers · asked by QUACKERS 1 in Family & Relationships ➔ Marriage & Divorce
Oh, it does sound like you let him walk all over you. Stop that!! But to answer your question - YES - you will get custody. Unless he can prove you are a crack whore or physically abusive to the kids you will win custody - You are their mother and that is just how it works.
2006-11-07 01:46:49 · answer #1 · answered by tbear 5 · 1⤊ 0⤋
You can say that you didn't abandon them but went to establish living arrangements. Since you paid for everything get copies of all of the bills and cancelled checks that prove the utilities etc... was paid by you. This will cancel out his abandonment issue. Get copies of the kids grades and anything that will show that they are in a stable living enviroment. In fact, since he was homeless and had to move in with you and didn't accept financial responsibility for the family and you took care of that for the month even after you left shows that he isn't a fit parent. He doesn't want you to try and get custody because he knows that you will more than likely get it. Talk with an attorney first to see where you stand and from there you can make a decision. Remember that the courts will always do what is in the best interests of the children.
2006-11-07 09:55:04 · answer #2 · answered by AVA 4 · 0⤊ 0⤋
First thing you need to do is collect any and all documentation you can that you provided the rent and money for all the bills in the place you rented that he lived in with you. Second, you need to keep very good records of where you live right now, school, rent, medical, dental...everything. If he is paying child support, do not try to make it look like he is not, that will work against you. The fact that they are in school and settled will work in your favor, but you need to make sure that moving out of the state does not violate your custody agreement. Do you have any proof that he brought them to you in June? That is five months and as long as you are not denying him what the court ordered as his custody rights, then you should not have to worry too much.
2006-11-07 09:53:41 · answer #3 · answered by Suthern R 5 · 0⤊ 0⤋
Stop letting him run your life you are DIVORCED! No he can not take custody on the grounds that you have discussed. However, what is the terms of the joint custody? Legal Joint or physical joint. There is a huge difference.
Legal joint means he has a legal say so in the upbringing of the minor children. Physical joint means he physically has the children 50 % of the time. Consult an attorney, it would be in your best interest.
2006-11-07 09:58:23 · answer #4 · answered by shughes2000_2000 5 · 0⤊ 0⤋
Wow, what a couple winners. If you have the kids and have had them since June how did you abandon them? get a lawyer. Of course the question will be why disrupt a joint custody agreement.
2006-11-07 09:55:05 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Can we say "DOORMAT"??! Stand your ground!! He's a deadbeat and a user. He's using that to blackmail you. See a lawyer. Explain to him what happened and why you left. See, that right there was a mistake, you should have taken your kids with you from the start. I also left my kids with their dad for a short time, after he "convinced" me they were better off where they were and I shouldn't disrupt their schooling. Wrong!!!! I finally went and got my kids and you should stand your ground because you have had your kids all this time and you can prove he did not provide for them as a father. Go for it, and good luck.
2006-11-07 10:05:14 · answer #6 · answered by blondee 5 · 0⤊ 0⤋
You have a good chance. If you can show you can support the kids financially, that you can take care of them (and have them taken care of when you're not home), and that you are sincere about it, then you probably have as much chance as the father. Also, it will help if you can show that you are more financially capable than the father of taking care of them. You did abandon them in some ways, but then, he has also, and that doesn't help his case. It also helps that they're in school now in your area.
2006-11-07 10:01:41 · answer #7 · answered by AnOrdinaryGuy 5 · 0⤊ 0⤋
If they are with you-you already have physical custody-so do something now before they go back to their dads. Get a lawyer pronto.
2006-11-07 10:00:39 · answer #8 · answered by blonde_bitch_norris 3 · 0⤊ 0⤋
he is right you did leave them with him. plus you and him need to sit down with the kids and ask the kids what do they want to do.see if they want to stay there with you or move back with him. your kids should be put first. let them decide. good luck.
2006-11-07 09:50:58 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Just tell your lawyer what you said on here. Get a good one though, someone from the johnny cochran firm! Good luck!!!
2006-11-07 09:47:03 · answer #10 · answered by ? 3 · 1⤊ 0⤋