My wife will stay out all night gambling and the house is filthy,would I have a chance to get custody of my daughter if I filed for divorce?
Been putting up with it for 6 years now,plus she smokes a lot of weed.
I tried talking to her but I more or less gave up by now,I think my wife still wants to live the single life,but I,m scared to leave my little girl with her I think she will be neglected by my wife because she sleeps so much during the day.
2007-10-05 08:24:07 · 12 answers · asked by pete 3 in Family & Relationships ➔ Marriage & Divorce
get a lawyer. If you wife is the primary care giver you will have to prove she is unfit to get full custody.
Get a lawyer.
2007-10-05 08:27:18 · answer #1 · answered by LB 6 · 0⤊ 0⤋
You will have to prove to the Judge that your wives actions are detrimentalto your daughters safe and well being,especially the weed smoking. The hard part is you are going to need solid proof of this either by police records or witnesses. Dont bring hearsay or personalfeelings into the courtroom as your case willbe tossed out. The weed smoking is about the only thing you have to really go with here so you may want to start turning her over to the authorities for the police records and professional help. One big thing is if she gets arrested for drugs at anytime other than you informing,there is a very good chance under current drug laws to have your house ad cars and any property confiscated and your daughter will be taken away by the state so you better act quickly before she makes a huge mistake. Good luck
2007-10-05 15:33:43 · answer #2 · answered by Arthur W 7 · 0⤊ 0⤋
Yes you have a chance. Although it is VERY hard for the dad to get custody away from the mother. (I am currently going thru this with my husband and step-daughter) In your case there are illegal drugs involved. First off, go see an attorney before you ever leave. Then before you leave make sure you get a sample of her hair. Also maybe her toothbrush. Trust me, my friend went thru this and these are things you will need to PROVE she is doing drugs. If you can't prove it then your chances of gaining custody will greatly diminish. I honestly feel that the drugs are the only thing that will even give you a fighting chance. You also need to live a squeeky clean life. You will also be examined by the court system.I wish you lots of luck and hope this helps.
2007-10-05 16:28:33 · answer #3 · answered by TXBluebonnett1391 1 · 0⤊ 0⤋
If you are certain this marriage will not work then here you go...
Start a journal of when & where she goes, how much she sleeps during the day ect..
Also, you will be advised by an attorney to spend as much time with your daughter as possible. Also, you will have to prove that you are the primary caregiver. You must be involved with her school, doctors appt's, day to day caregiving.
You might also take your daughter to counceling. If a therapist is told by your daughter of her mothers activity,
the therpaist can be summoned to court to testify on your behalf.
Believe me, as a step-mom whos husband DID get custody away from the mom, you CAN win if you do your homework!
2007-10-05 16:06:17 · answer #4 · answered by photo.girl05 2 · 0⤊ 0⤋
Go to the court and get a temporary custody order that gives you primary custody until your divorce is finalized. But make sure you have proof that your wife is unfit to have primary custody. Any friends that will testify for you, pictures, things like that. Also, keep records of how many times she goes out, how late she stays out, and how many times on average she sleeps all day long. Good luck hun.
2007-10-05 15:29:21 · answer #5 · answered by Kathy R 5 · 1⤊ 0⤋
In most states, and in most cases you have to prove a parent unfit to take the child away. I think you could do that. I would point out though that until someone has custody...no one does andyou could leave and take her and she could not do or say a thing, then go to an attorney. Good luck and God bless.
2007-10-05 15:35:05 · answer #6 · answered by soulmate_n_nc 3 · 0⤊ 0⤋
If her behavior is openly neglectful of the child, just pack your things, and take your little girl with you. Then immediately file for divorce, custody, and support.
2007-10-05 15:34:53 · answer #7 · answered by vaughnc5920 3 · 0⤊ 0⤋
You need to take pictures of the house while it's all messed up and buy one of those drug tests kits that you use on hair from a persons head (cut a little piece while she sleeps) and take all of this to an attorney...I'm sure you'll win, good luck!
2007-10-05 15:46:02 · answer #8 · answered by Anonymous · 0⤊ 0⤋
EVerything you've stated here should be enough to at least get JOINT custody if not Full. Talk to the Father's Advocacy Center - they should have a branch near you - and they will tell you how to win that battle.
2007-10-05 15:39:13 · answer #9 · answered by Anonymous · 0⤊ 0⤋
your wife obvious has alot of problems within her, you need to either talk about it with her or consider getting out of the marriage. get some help professional sometimes that will help,,and sometmes not. I've been there , there are good people out there that claim to be counselors and sometimes they can help.
2007-10-05 15:39:09 · answer #10 · answered by tim t 1 · 0⤊ 0⤋