my wife comes home after 5 years of being gone who knows where?
she says she wants to be together again well 5 years ago she left me and our small child for i dont know what, another guy a new life i have no idea... of course i would NEVER take her back but can she sue for custody and stuff? would she win, she left me our kid for 5 years without a call or anything for all that time, she can't just come back and take her away can she? i should probably consult my lawyer right? for all i know though she'll be off on another 5 year detour doing who knows what or doing who knows who..
2007-08-15 03:18:44 · 17 answers · asked by andrew d 1 in Family & Relationships ➔ Marriage & Divorce
she doesn't have mental illnesses that i know of atleast and we were married (married together in the same house) for 4 years. didn't file for divorce because id assumed she was gone forever....
2007-08-15 03:35:53 · update #1
Definitely talk to a lawyer. This woman is not stable enough to raise a child. And good for you, Daddy. There should be more daddies like you out here in this world.
2007-08-15 03:24:34 · answer #1 · answered by Mel 6 · 1⤊ 0⤋
I understand your concern and yes, by all means, consult a lawyer to find out what you can do to protect your child. I don't know what state you live in, but with her "disappearing" for 5 years, I would be worried if she shared custody and on one of her days, she takes off with the child for another 5.
She obviously wasn't kidnapped or held against her will, is she mentally alright? Some people with certain physical or psychological conditions just up and vanish.
I can't say that she won't be granted certain visitation rights, but I would be hard pressed to give her any, just because she disappeared for so long. Also, since it says nothing about a divorce, she basically "abandoned" you both, I would have started the divorce process 3 years ago, but it's not too late to do it now.
Good luck.
2007-08-15 03:33:13 · answer #2 · answered by Yankee Micmac 5 · 0⤊ 0⤋
She can sue for custody but there isnt a court with some sense that will even consider custody. Since u have been the one raising the child then i wouldnt even consider her visiting the child without supervision. She needs to be evalutated for mental illiness for sure and make sure she isnt a danger to herself or u or the child. U are doing the right thing by letting her stay out in the cold , and if for some reason she finally tells u why she left, i would still have supervision with the child and have a court order preventing her from unsupervisied visits or u may come home and the child and her is gone and u will never find them. Make her come clean about why she left and what she has been doing for the last 5 yrs, and then have to take a drug test and sexaul test as u dont need aids or drugs in your life or the girls life. I really hope this works out for u and we just added your name to our prayer list and will pray for u ...
2007-08-15 04:18:05 · answer #3 · answered by THE UK WILDCAT FAMILY 10 6 · 0⤊ 0⤋
Amazing!
Yes, the first thing you do is get an attorney. Find out what your rights are. If you havent already, file for divorce and sole custody of the child. As far as I know, she still has a right to see the child. Im not sure if you can argue for back child support. If you do not want her in the child's life you may want to go this route so maybe then she will just sign custody over to you.
The big problem is, you dont know what she was doing or who she was with. Try to get as much incriminating evidence as possible to show she is an unfit parent.
2007-08-15 03:30:43 · answer #4 · answered by Stuey 6 · 0⤊ 0⤋
no, she won't be able to get custody of the child. she left and had no contact for five years. any judge will frown on that a bit. get a lawyer and don't leave her and your child together alone. she may go off on another 5 year escapade along with your child. you should seek a lawyer right away because as it stands if you have no papers stating that you have full custody, she may legally be aloud to do that without it considered kidnapping. go to a lawyer fast. i commend you for taking responsibility of your child. in todays society it is more of a rare thing than it should be.
2007-08-15 03:38:05 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I would consult an attorney and file for divorce immediately. CYA as they say. My husband had custody of his three children for 3 years, the ex never paid support, however she got the kids, she didn't disappear though, just got pregnant with another mans child while married, and she sued for back support and won. Go figure that one out. She filed first for divorce, and what we learned from this is he who files first wins. Good luck...and God Bless.
2007-08-15 03:25:50 · answer #6 · answered by Rein 5 · 0⤊ 0⤋
Get hold of a lawyer. In the meantime you've been the primary caregiver for 5 years so the court will keep the custody with you.
Five years huh? Only dogs come home after disappearing after five years. Ooops...did I inadvertently refer to her as a dog? Fancy that. Heh, heh.
2007-08-15 03:50:05 · answer #7 · answered by Quasimodo 7 · 1⤊ 0⤋
Since she hid out for five years with out any contact with you,she hasn't any rights to anything or any one.Of course you will have to go through the legal channels to gain full custody for your daughter.
2007-08-15 03:33:11 · answer #8 · answered by Anonymous · 0⤊ 0⤋
There's a term called child abandonment. That's what she did so she is legally unfit. Use that to your advantage.
Contact a lawyer
2007-08-15 03:27:54 · answer #9 · answered by blueink 5 · 0⤊ 0⤋
I would seek advise from an attorney. I think you have a case. Five years without contact seems to me to be a sign of instability.
2007-08-15 03:27:10 · answer #10 · answered by Willie J 5 · 0⤊ 0⤋