Mother quit spending time with her little girl who isn't even 2 years old yet. She also quit spending any time with her husband. She quit talking to him, which included no kissing or anything either. She would stay gone all the time. When she was home, she just went to bed. The rest of the time she was hanging out with her 'new freinds'. In a three month period she only spent about an hour with the little girl. Needless to say, they are sepa-
rated because of this. He moved out with the little girl. She has made no effort to see her, even though she has his car. He has no vehicle now. He works, but has to depend on friends or family for rides to and from work. The car is in his name only.
Her place is trashed, she has wild parties now. All the neighbors have reported her to management. She has 10 days to move out.
What should he do? Should he push the issue of custody? Should he report the car as stolen to get it back? HELP!!!
2007-07-05
14:43:02
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9 answers
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asked by
desperate77
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in
Family & Relationships
➔ Marriage & Divorce
They only have one set of keys and she refuses to give them or the keys back.
2007-07-05
14:55:11 ·
update #1
So................... your friend is married to a meth addict, eh? At least, that's what it sounds like.......... out for days at a time... only comes home to crash. I bet when she's home and awake she is a real bear to be around. Probably losing weight... bad complexion.... pretty soon her teeth will begin to fall out.
Ah yes... the glamourous side of drug abuse...........
If the car is only in his name, he can ask for it back. I wouldn't be surprised though, if the court ordered the car sold and the money split between them. Usually the court will give one car to the man and another car to the woman... but since we are only talking about one car, then one of them will have to buy the other one out. If the car was bought after they were married. If the car belonged to the man before they were married, he MIGHT make an arguement that he should have it outright. He should check with the police. Since she is his wife, she basically has a right to the car... unless they are seperated, in which case they will issue a "be on the lookout" for the car.
Yes.......... he should push for custody. The child is not safe with the mother. Before anything though, he needs to ask that she be drug tested. And only allowed supervised visits should her test come back dirty. And he needs to file that right away. The drugs are harder for the courts to detect the longer she goes without them... if in fact she makes an attempt to get clean for the test.
Tell him that if he wins custody, to make sure that he also puts the car as being a priority for his child. Hard enough to raise a kid alone, but more difficult without a car to take them to school or to a baby sitter, you know?
Tell your friend to stick to his guns........... this is going to be worse before it gets better... but it will get better... trust that fact
2007-07-05 14:54:55
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answer #1
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answered by Aron1968_30 5
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The primary concern here is the child. If the mother chooses not to care for the infant, then sue for full custody. It should not be difficult to achieve under those circumstances. The lack of a clean and safe home, and the general lack of care in visiting the child should be proven.
Don't know where you stand over the car. It could be that, as she has been the one using the car all along, that you can't report it stolen, but might be able to ask the police to accompany you top pick up your property. Just make sure that you have the paperwork to prove its yours.
2007-07-05 15:03:41
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answer #2
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answered by Barb Outhere 7
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if they are married, he can't call the cops on her. community property.regardless of whose name is on it. she however cannot refrain him from driving off with the vehicle nor deny him access or spare keys. but at the same time, she can just go pick the car back up and take off again.
if they are not married, report it stolen.
file for custody. when you file an instant order is set and she cannot remove the child from it's listed home. in this case, the father. and since she won't have a place to live, her fighting for custody will make the judge laugh. make sure he keeps a log of all contact and going ons. if they are married, make sure the car is listed.
2007-07-05 16:30:03
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answer #3
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answered by Bella 5
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Uh... why is his wife driving the car when it's in HIS name? I think, if he's paying the bills on it and his name is on the title, he should have it. Tell him to take it back! He's letting his "wife" walk all over him! Of course, file for custody. When the courts see how much she's neglected her daughter, and how much she's taken advantage of her husband, there's no question that he'll probably gain full custody. I wish him (and you) the best of luck!
2007-07-05 14:47:42
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answer #4
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answered by SimplyMe 2
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Yes the father should go directly and get in term custody. Go right to the court house and file right there, it doesn't cost a penny. Far as his car goes why doesn't he just get a ride to where it is and take it. It's in his name so he has nothing to worry about. If he can't do this, then call the local police and tell them she STOL the car. This father best get his act together real fast in his present situation. Cocoa
2007-07-05 14:54:06
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answer #5
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answered by cocoa 4
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If it is in his name, he gets it. He needs to go and get a lawyer, file for sole custody and get his car back. He needs to put her in her place and take everything from her.
2007-07-05 14:50:38
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answer #6
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answered by RedRabbit 7
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Yes he should get full custody.
If this car is his he just needs to get it back from her why report it stolen?....he has a key I imagine...he picks up his car and that`s it...she can't call the police.
2007-07-05 14:49:11
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answer #7
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answered by Jane Marple 7
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he needs to file for custody and get the lawyer to draw up papers to get the car back
2007-07-05 14:48:39
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answer #8
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answered by bronzebabekentucky 7
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he should get a laywer, ask him how to go about getting the car back-b/c if something happens he may be held partially responsible-file for divorce and get sole custody.
2007-07-05 15:10:58
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answer #9
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answered by racer 51 7
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