Marriage Question?

Question

My wife left me and the kids(sept 06).I took her down for child support.Now she pays me child support.She got her self a lawyer
and she is say i force her out the house on Constructive Desertion
(i did not give her the keys to one of the home locks). I counter by
saying she abandon the home and left me with the kids.How would the courts make a decision on this matter

Answer 1

I have no idea.....get back in touch with your lawyer.

Answer 2

No judge in his right mind is going to side with her. She could have called the police if she was locked out and you would have been forced to let her back in the home. You have also made her pay child support which is an indication that she willingly left of her own accord and was well aware of her responsibility. Don't listen to anybody else try and tell you that judges only side with the mother. It's just not true anymore. They will look at the past months you have been raising the children and how they have faired and will make a decision on what is best for them. You're obviously going to have to get an attorney, and you need to find out how to make her pay for those fees. Good luck.

Answer 3

Family courts make decisions on a case by case basis. There are a multitude of factors that are relevant here. Several being the timing between her leaving and you changing the locks, whether she made any other attempts to return to the house or obtain entry through you, whether she had a legal right to enter the property (is the deed or lease in both of your names?), the fact that the children were left makes a difference too. There isn't a cut and dry rulebook for family law. All you can do is be honest and tell your story to the Judge. Most often, in family court situations, the Judge will rule based on best interest of the children, and if that interest is equal between the two of you, then the Judge will go by who appears more truthful.

Answer 4

She left,then you changed the locks,ok.so you had a right to protect the property but most importantly to protect the children from strangers entering the home. She is trying to pull the wool over your eyes to get a key to the house,let her take you to court. You have custody of the kids,that makes her the NON custodial parent AND she is paying YOU child support that means the children LIVE with YOU not her. The courts would see it your way,since they awarded you child support. Simply put she is trying to put the screws to you again and do NOT let her. Stand your ground with your Attorney and let the two Attorneys battle it out in court,that is what they are PAID to do. I am putting my betting money on YOUR Attorney and YOU congrats Dad for stepping up to the plate and taking the responsibilty that you should do in taking care of YOUR children. Let her go play in traffic and have a great time doing it .....Happy Prosperous New Year to you and the children.

Answer 5

there are other important details that will be analyzed.... details such as why did she leave you? she must have her reasons for having left you in the first place... and if she has a good reason such as you were abusive, her leaving will be justified, anyway, she will try to justify her leaving and her rights, so be prepared with a lawyer about how she was a threat to you and your kids if she was and why you closed the doors to here. you were/are married to her, so there is not a real reason why she should have been locked out of her house, unless she was of some sort of threat. also, like i said before, there are SO SO many details that you will have to cover and clearly you are not telling us the entire story. so find a lawyer!!

Answer 6

does anyone have first hand knowledge of what happened? did she leave a note or anything that you could use to prove she left you and that you didn't kick her out? courts DO NOT always go with the woman these days so I guess you would have a 50/50 chance of retaining your home and the children. who was the primary caretaker of the children before she left? there are a lot of things to consider and if you have a good lawyer you will do ok.

Answer 7

Get yourself a nasty female divorce lawyer. I say female as she will know all the tricks women pull. Let her give you advice.

Google men's parental rights and learn as much as possible.

Good luck. Sounds like your wife, in her heart of hearts, knew who the superior parent was and left the children with you. I doubt that is much consolation right now, but it does matter. Prove to her and everyone else that she was right by being a great father.

Answer 8

Beta Zoid is right. I'd try to get a good family attorney, too. Check out your options. If she's the one who left, you might have some latitude.

Remember: at this point, look out for your children. It sucks she couldn't hold it together, and I'm sorry you got burned, but make your kids your focus. They shouldn't suffer if you can help it.

I'm sorry. But good luck--

Answer 9

Your going to need to get all the dirt on your wife that you can. In courts the judges usually side with the mother. You will have to prove that she is unfit and that the kids will be better of living with you.

Answer 10

since she left you and the kids she is probably going to found in the wrong. But if she can prove you locked her out you may be in trouble.

Answer 11

Boy, listen. when you SWARE to say the whole truth and nothing but the truth in that court, it's a promise and i hope they believe you. good luck!

P.S. Get a lawyer.