If anyone is an attorney or involved in any legal profession that could help with my divorce, please help me. I just need some advice and I can't get anyone to talk to me. Here is my situation. My wife filed for divorce in November, I received the petition in December so my answer is due any day. Also, she just had our child on the 3rd, although I will be looking to verify that with a DNA test. I live in Florida, however, I am here in Ohio until Friday to see the baby and get as much accomplished as possible. I will be trying to get custody, she's bipolar and manic depressive and whatnot. She cut herself for years, including recently before she found out she was pregnant. She has also physically assaulted me in arguments - if any of this help. So if you know anything and you might be able to help, please IM me or send and email or something, I would appreciate it sooo much! Thank you!
2007-01-08
03:19:10
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10 answers
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asked by
etathej
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in
Family & Relationships
➔ Marriage & Divorce
Inspired by Violet, I'll say...That is one of my problems I need help with. I don't want her to have the baby but I can't just steal it. I don't know what to do. She is around other people that wouldn't let anything happen to the baby and I have no reason to think she would ever hurt the baby. I don't have the money to get an attorney, legal aid won't help me, and I can't afford to stay up here for long.
2007-01-08
03:30:55 ·
update #1
Ok, well you didn't actually end up asking any questions! It sounds like she is in Ohio and you are in Florida and you have been served with an Ohio divorce? You need to file an answer within the time allowed in order to avoid a default judgment being entered against you. Contact legal aid or the family law department of the court for assistance. Most courts have forms you can just fill out in order to file a response. If you want to get custody of a newborn infant, however, you will need to talk to a lawyer ASAP because that will be a challenge. The fact that she has been abusive towards you in the past and has a history of mental problems will help you but you will need to get a lawyer to dig out the necessary evidence, craft the necessary arguments and to convince a judge to take a baby away from the mother. Perhaps social services will need to get involved. If you go with a private attorney instead of legal aid prepare to spend lots of money on this fight.
Good luck.
2007-01-08 03:27:42
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answer #1
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answered by CV 3
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Everybody else will give you the legal stuff--here's the long-term emotional information.
Had a similar situation. You have a NIGHTMARE ahead of you. And when the kids grow up, they generally won't associate with the father. See the book, 'The Unexpected Legacy of Divorce".
Am a 55-year-old father of 7, and only 2 even speak to me--and none have called on Christmas for the last 5 years. And all the other guys I know in this situation (divorced with children) are getting about the same treatment. So you need to decide if you want 20 years of frustrating misery and an empty old age, or just start over now and make a new life for yourself. I know you don't want to hear this, but it's the truth. The mother's feelings and attitudes ALWAYS get handed down to the children, ESPECIALLY as concerns the father. So you're shot in the ...foot right now.
I'm a nice guy, too nice for my own good, and you sound like a great, concerned father too. Think seriously about letting her and her family--there's almost always a dysfunctional family in the wings--raise the child, and move on and do your grieving now. Then find a great lady who is better matched to you, and have a real family that will bring you joy.
Have the courage to change what can be changed, the patience to endure what can't be changed, and the wisdom to know the difference. And remember, whether you wind up with a nest egg or a goose egg (and a great family) depends of the chick you marry. Sorry, and best of luck.
2007-01-08 11:24:56
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answer #2
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answered by Dorothy and Toto 5
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In court, is all about PROOF. Do you really want to drain yourself finnacially and emotionally with a divorce/custody battle?
If your are willing to set your grudge aside and ask yourself homestly if she is a good mother and is responsible enough and that just things didn't workout in between the two of you regalrdless of whose fault is it... then try to get a divorce as amicable and civilzed as possible.
It's not worth to punish yourself and your soon-to-be ex-wife getting yoru dirty laundry aired in public and spending years getting this thing done. If you honestly believe that she would be a good mother and that the child will not be endagered, then let go and negotiate as much as you can. It will be cheaper and way faster,
If you still want to persue a never-ending and painful costudy battle, then you have to obtain burden of prrof. That means that if you are going to say that she is bipolar in court, you better get some medical evaluation on hand, pictures of her cuts on her arms, etc... otehrewise it will be yoru word against yours. many people that are angry or frustrated do behave erratically under stress and engage in self-destructive behavior, but unless she has not been diagnosed by a professional, then don't waste the court's time with your "diagnosis" as this is a rather normal pathology of a distressed relationship and you may not be able to present it as 'evidence" if there is none.
Have you ever taken any medications for psychiatric ailments? If so, find prescription bottles, ec. to support your claim. Medical records are confodential so you may not be able to obtain a copy of her medical records.
You said that she assaulted you... do you have any Police reports? Pictures of distroyed property? Insurance claims? If not, againg, it would be yoru word againt hers and years and several lawyers and quite a few thousand dollars.
You have to make a decision and see if you rather move on wiith your life in a civilized expediate way or if you rather wait forever and get angrier and more fruistrated by the minute dragging this to court.
Youc an request the court to have the child support and visitation matters out of the divorce and do it separatly, so at least you won't have the resposability and liability of having her as a wife for the lenght of the divorce-custody proceedings (2-3 years).
Again, if you are just angry and you have no proof of disease and you know in your heart that the child will be safe, don't bother doing this to yourself, her and the baby. Your peace of mind is worth more than that.
Good luck
2007-01-08 11:36:15
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answer #3
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answered by Blunt 7
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If she's a mentally disturbed unfit mother, why the heck are you leaving an infant in her care? And then leaving the state? You should consider how your claims of her being "bi-polar, manic depressive and abusive" are going to hold up if you're willing to leave the baby you're fighting for custody over in her care and go 1000 miles away.
2007-01-08 11:23:53
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answer #4
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answered by Violet Pearl 7
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Document everything. police reports, her medical records, anything that will back up your claims. You can say anything you want on a Petition or an Answer but you have to be able to back it up with FACTS in front of a judge. Good Luck!
2007-01-08 11:30:51
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answer #5
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answered by Anonymous
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This is going to be a messy divorce, you need to hire an attorney to help you. No self respecting attorney on yahoo answer's can help you.
don't be a tight wad, you should have seen an attorney or made appointment the day you recieved the divorce papers.
2007-01-08 11:27:56
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answer #6
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answered by Anonymous
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I wouldn't trust any alleged lawyers on Yahoo answers. I would get myself into a real lawyer's office - one that is familiar with your juristiction.
Don't waste your time asking us.
2007-01-08 11:22:53
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answer #7
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answered by fucose_man 5
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http://www.findlaw.com
Also go see Father's for Equal Rights. They will help a ton with information.
2007-01-08 11:23:11
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answer #8
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answered by Fishgutts 4
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You need to be out hustling up an attorney, not screwing around on here.
2007-01-08 11:28:48
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answer #9
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answered by morahastits 4
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Get a lawyer....write everything down...Dates and times....
2007-01-08 11:22:31
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answer #10
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answered by troble # one? 7
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