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OP here.
W was told that the court will not order mediation if there is abuse. As yet, they have not been ordered to mediation, but I suppose that could happen at the first custody hearing. H was "abusive" to W not in a physical way, but a controlling/emotional way. W basically had no say in any decisions -- literally she was not allowed to pick out a $5 pair of sunglasses without H's approval of the actual shape and color. Same with everything in the house from plates to kids shorts, to W's hairstyle, etc. W had to turn in all receipts to H and he would go over them with a fine tooth comb.... "why did you spend $150 at this grocery store?" Their total grocery bill for the year was like $3600 -- FOR THE YEAR! And H was still complaining about it. Years ago, W wouldn't let me come over for lunch b/c H would see my car tire marks in the snow (on the drive way). If H didn't get to fixing the brakes on the car or the washing machine, W would have to do without for weeks until H got around to it. They never once hired anyone to fix anything in their house. So, I don't know if that will be considered "abusive" enough to absolve them from mediation. Clearly, they cannot communicate well and H dominates W. (W caves) While a few PPs have said a judge would be inclined to do 50/50 split, has anyone actually seen this in practice? Do judges normally require kids to live with one parent for a week and then switch houses? Seems like that would get old for the kids to be switching so much. I'm wondering what judges normally do when both parents want custody. |
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Unfortunately in my experience (I had an abusive parent and had to watch my younger siblings be ordered to see him- luckily at that point I was over 18 and not subject to that) they will order shared custody.
Thats why she needs a real shark lawyer. It may be expensive, but it would be worth it to prevent him from being able to abuse the children. Wishing your friend good luck, OP. |