Here is my case. My wife and I got married in 1998. Had my son who is 5 now. In 2005, i found out she had been cheating on me for a whole year w/ someone else. When I caught them she decided to move out. I still see my son because she lives close by. I have no physical prrof of what they did, but I do have witnesses. We never divorced or anything, we just seperated. We have a paper we wrote explaining that we have been seperated from each other since 2005, signed by a public notary, but that's it. She has no job right now, she is only recieving unemployment for now. Now she is w/ a new guy, who she has met for 5 months, and is now pregnant, I do not want my son to be in that type of enviroment. I live currently w/ my aunt, and I work a steady full time job. I pay for my sons clothing,food,day care, and anything else he may need.
2007-05-29 03:23:09 · 14 answers · asked by Antonio R 2 in Family & Relationships ➔ Marriage & Divorce
Yes you can obtain custody but your going to have to take it back to court and prove that you feel you'll be the better provider. Besides a boy should be with his father!!!
2007-05-29 03:31:54 · answer #1 · answered by 24Special 5 · 1⤊ 0⤋
This is a lawyer issue.
You will probably have to prove that your son's situation is really bad - like there are drugs or other illegal/unsafe/unsanitary conditions in the house. Not easy but do your best. Your lawyer will advise.
Secondly, you need to divorce this woman. A paper signed by a notary isn't enough. You're still married to her like it or not - but the fact that she's pregnant with another man's child and you haven't lived together for a while - make make the divorce easier to grant - depending on what your lawyer says.
But get everything legal and signed by the judge - including the custody issue.
2007-05-29 03:29:37 · answer #2 · answered by Barbara B 7 · 1⤊ 0⤋
I can understand you be angry over the affair, but the reason you give for taking your son isn't a good one. She is on unemployment and you said for now, she is with another man and pregnant, and he is probably providing for her for now. So could the real reason be that you want your son to get back at her for ruining your marriage your felt sacred. Or is this another form of revenge. You take her to court and make her squirm because of what she did.
The fact is she has moved on and you have not. You need to file for divorce and get partial custody so both you and her can have a relationship with your son- not just her or you. Separation is nothing, you're holding on to the hope she will come back and work on the relationship (I am assuming) it won't happen if she has moved on.
I would suggest getting some counseling or talk to your pastor about your anger, hurt, and grief. Then I would work on getting yourself together for the sake of your son. Do not put you son in the middle of the madness.
2007-05-29 03:33:25 · answer #3 · answered by kaiynasha 3 · 0⤊ 0⤋
It is going to be difficult...But not impossible. Difficult because usually the lawyer will be investigating is the child at risk. So far you have not proven that. However, if you feel that the new situation that your child is in, is unstable for him mentally, then you need to prove that to the court. The court system for custody is changing in regards to men receiving custody but still very much favoring the Mother. The relationship between your son and his mother is also taken into consideration. While waiting for your lawyer to look into this case. Continue to provide the love and support you always have towards your son. Good Luck!
2007-05-29 03:41:16 · answer #4 · answered by Misty 2 · 0⤊ 0⤋
This may not be the best answer youllreceive but this is the way the courts work. The affair you describe is good for the divorce itself but wont do a thing for obtaining custody of your son. Youre going to have to get her ruled unfit to be a mother by proving child and/or drug/mental abuse by either police or medical reports. Then you will have to prove to the Judge that youre the best person to have custody or he will end up going to a foster home.The courts cant rule by your feelings and desires but only by the concrete evidence provided,so her affairs are useless to you. The Judge may warn her about her lifestyle with kids but thats about it. Keep detailed records of what you pay for your son in case the Judge wants them. You will need to be the best prepared you can be before going into court. If she does manage to get custody,you can always takeher backto court for child custody and/or support only after the divorce is final. Good luck
2007-05-29 03:37:43 · answer #5 · answered by Arthur W 7 · 0⤊ 0⤋
Your wife sounds like she's behaving like a 13 y.o. She is setting a terrible example for your son.
If I were you I would get an attorney and try to get custody of your son. Hopefully the judge will see that you are the parent who has the ability to raise him with some values and morals.
No matter how it turns out, be sure to be there for your son whenever he needs you. He will be going through a HUGE adjustment with a new man in his moms life and soon a new baby. He will need you more than ever. Good luck.
2007-05-29 03:30:30 · answer #6 · answered by katydid 7 · 1⤊ 0⤋
why not call a lawyer. Talk to them. If you have the upper hand and it seems like it is in the childs best intrest to live with you then go for it but remember its not about you and your ex its about the child. I know just from my custody the battles may get ugly and the child gets the worst of it so before you act think of the child... but call a lawyer
2007-05-29 03:32:47 · answer #7 · answered by sarahroberts78 2 · 1⤊ 0⤋
Hey,
I don't know, it sounds like you have a good case. I'm no lawyer or anything but it does seem possible to obtain custody. Now bare in mind that our legal systems sucks and you have a good chance of getting screwed because she is a woman. I know it sucks but if you fight hard enough may obtain legal custody, maybe. Thanks for reading this and I wish the best to you and yours.
Sincerely,
Jacob a.k.a Rynthas
2007-05-29 03:29:43 · answer #8 · answered by Rynthas 2 · 1⤊ 0⤋
Get a lawyer and get the kid out of that situation. You need to protect your son. Stand up for your son.!!!!!!!!!!!!!!!
2007-05-29 03:29:24 · answer #9 · answered by springer 3 · 1⤊ 0⤋
First i want to applaud you for being a stand up guy. Go here and see if this site helps you. http://www.custody.com/index.html
Custody.com
2007-05-29 03:30:19 · answer #10 · answered by Anonymous · 1⤊ 0⤋