We have been separated for almost 9 years and now he has asked for a divorce. (I have never done it before because I couldn't afford it and didn't "need" to). The children have always lived with me and have visited him on alternate weekends. Will he be able to change this?
2007-05-21 08:53:05 · 17 answers · asked by Dirty Blonde 3 in Family & Relationships ➔ Marriage & Divorce
extremely doubtful!
they ahve a stable life with you and he cannot change sucha long standing arrangement w/o a serious court battle!
2007-05-21 09:12:10 · answer #1 · answered by Rhiannon 3 · 0⤊ 0⤋
He can contest custody if he chooses. He would have to prove you unfit to take them away, which is really hard to do. If he requests more time he has a good chance of getting it unless you have reason why it would not be in the best interest of the child. The courts are worried about just that, the best interest of the child/children.
2007-05-21 09:12:15 · answer #2 · answered by Teresa R 3 · 0⤊ 0⤋
He can ask the courts to change his visitation, but what you have set up now is pretty standard. I hate to be the one to tell you this, but if after 9yrs. he is going ahead w/ the divorce then its probably because he wants to marry his current gf or at least have the option of asking her so it is unlikely that he'll want to have the children too much more than every other weekend. I wouldn't worry about it.
2007-05-21 08:57:26 · answer #3 · answered by mvngs 4 · 0⤊ 0⤋
As far as custody, he would only be able to get custody if he can prove you unfit. If you have been taking good care of your children for 9 years, he doesn't have a leg to stand on. He could be and probably should be allowed to have them more often....like more in the summer, perhaps.
2007-05-21 09:01:12 · answer #4 · answered by Sue S 2 · 0⤊ 0⤋
Anybody can sue anyone for any reason, so the short answer is yes. Could he get custody? Maybe. But courts favor the mother, and it isn't likely that a court would wish to upset an arrangement that appeas to have been working for years. This is one for a lawyer.
2007-05-21 08:58:17 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Yes, but you can also fight it. Make sure you show the judge that you are able to take care of them as well, and have them write statements if need be. I went through a very messy divorse with my ex and he had my 5 year old in the middle of it. The judge finially asked her to come in the court room and stand up and tell him what she thought.
Its aways for the benifit of the children remeber that.
2007-05-21 08:57:48 · answer #6 · answered by monkey51980 2 · 0⤊ 0⤋
he is stupid if he does because the courts will probably give him every other weekend anyway..which is what he has now.
YOU can contest any changes if he insists..as they have had a routine for 9 years...a court isnt likely to change the situation if it has worked out for this amount of time.
2007-05-21 09:53:53 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Absolutely! And, he can impose restrictions on you, like if you were to move out of the county, the kids automatically go to him, or he can file for full physical custody (different than legal custody and much easier to prove - not that you're unfit, but that they're better off with him) and get you to pay him shild support! Get thee to a lawyer immediately!
2007-05-21 08:59:41 · answer #8 · answered by Anonymous · 0⤊ 0⤋
I'm sure he won't contest it. However, if he does, it depends on the ages of the children. This day and age, at the age of 12, the children can actually choose which parent they want to live with.
2007-05-21 08:57:53 · answer #9 · answered by Only In Dreams 2 · 0⤊ 0⤋
Legaly he can contest the custody order but a solicitor will only take his case on if they think they can win. if you can show that for the last 9 yrs you have been a good & caring mum to your child then basicaly he wont have a leg to stand on. try to reason with him that its not fair on your child to uproot her at this time of her life after she has been settled with you for so long, it will upset your child big time.
2007-05-21 09:23:36 · answer #10 · answered by Anonymous · 0⤊ 0⤋
Get a lawyer now! If you cannot afford one, google the term "pro bono" and the name of your city or county. You'll turn up some attorneys who will help folks who cannot afford it.
2007-05-21 09:14:50 · answer #11 · answered by Otis F 7 · 0⤊ 0⤋