Hi. Yes, I do have a lawyer. I hope it's a good one. And yes, I am fighting for custody, or will be; the thought of my kids around the AP is altogether more than I can stomach, and yes, it is 100% part of their sick fantasy. It'll be a long process, and hopefully won't culminate in litigation but honestly I have no idea. Everything I am reading indicates anything other than 50/50 is damn near impossible. The whole situation is just so sad and has gotten so ugly (why?) that I can barely breathe. So much gaslighting. So much resentment. So little empathy. Doesn't look like she'll move out anytime soon due to everything everyone is saying in this thread. She doesn't want to look like she abandoned her kids, even if it makes me profoundly depressed in the process. She, someone who has always treated me with such care and kindness, could not care less about the emotional turmoil I am in. It is truly astounding. |
you two should team up. Platonically is fine. |
You are in for an expensive divorce if you are fighting 50/50 custody. It is really in the best interest of the kids to have equal access to both parents. I would agree to 50/50 and not do litigation...you will spend a fortune...you could spend that money on your kids...instead you are on a path for attorneys to be laughing all the way to the bank while you make the divorce worse for your kids. |
| We were told by cops that a parent can take the kids anywhere in the state. Just disclose and do not cross state lines. |
I would not trust cops. Trust attorneys who know how it will impact your divorce case. Cops have no knowledge of this whatsoever. |
You'll have to trust me when I say the situation is bad and it will be in their best interest to be away from the sh!tshow that is their relationship. |
I will play. What law does it break? How does the kickee enforce their access? Do they file something in court? What do they file? Is there a hearing? Like I said, if anyone has ever had to allow a spouse back into the home to live there during the divorce process, please share. I have heard of something in New York when neither party would leave, but that's about it and New York's laws are wack. If I was the OP, I would take my chances with possession being 9/10ths of the law (as the saying goes). There's $h!t on paper and then there's reality. I'd bar access and then maintain that he left voluntarily. |
| Yep. just change the locks. |
Any attorney in VA will tell you NOT to leave the house if there are kids before custody is determined. If there is litigation, it can be bad for the party who leaves. It would be stupid to risk it. It is not that hard to figure out a PSA including custody before moving out...but a mediator or lawyers need to draft it and it needs to be signed. Moving before that and risking ligitation and not getting custody or the house (most of the time houses must be sold anyway) would be really stupid. Laywers make money of stupid people. My ex is an attorney...fortunately, neither of us are that dumb and we watned to retain our wealth and sanity rather than getting ugly with ligitation over stupid stuff like letting emotions rule you and trying to kick someone out of their legal property because they can't think logically or long-term. Laywers love clients like you.
|
It depends on the state, how far you move, and if you cross state lines. You can file a TPO in court and the children will be returned to the father. You can be breaking relocation laws, you could be breaking child custody laws. If you move out, he gets a lawyer, files a motion, the kids are removed from their temporary home, returned to the marital home and you won’t see them until your lawyer has a custody plan in place. |
|
I'm a NP, and I'm not local to this board-but I am in the process of divorce in my state.
I have a lawyer and I need to stay in the home with the child until all the legal mumbo-jumbo is signed regarding custody and home sale (spouse buying me out). Lawyer said do not move out now! OP, you absolutely need to get a lawyer! That does not mean you have to file for divorce this instant. But you need to figure out things in the meantime, and I would not do any agreements without one. |