It won't matter unless the police catch her and give her a DUI. |
| Shoo, ya wiley ol' pole cat! Now go on and git!! |
I'd be all about this if he hadn't mentioned the drinking. At this point, if OP really believes this is a problem, he needs to focus on getting evidence to support this b/c the absolute worst thing for OPs DC would be for DW to get custody of her kid and drive drunk with him in the car. No bueno. |
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A) If you know she's drinking and driving especially with the child in her presence, call the police and have her arrested.
B) File a protective order and she'll have to stay away from you, your house, and your child. C) Find out who is on the property's mortgage. Call a lawyer and see if you can legally move her stuff and have the locks changed. |
Serious subject I know but Damn that was funny! |
No you can't. You can not make her leave. All you can do is leave yourself, with your child, then petition the court to return to your home and make her leave. BTDT, in Maryland. |
| DCUM wildly overestimates how uptight family court judges are. Ask me about a recent divorce I advised on with a parent who openly admitted to regular pot use. Judge does not care. And this wasn’t in DC/a fully decriminalized State. |
| I can’t believe all these grown, educated people actually believe you can kick a legal spouse out of the marital home. |
| Please see a lawyer. Like yesterday. |
Pot use in the safety of one's home isn't in the same league as driving while tipsy, although that only matters if she is actually caught. I might argue if OP's wife is leaving the kid with OP in order to party it up, that might be a factor. But if OP's wife decides she wants to be mother of the year, she'll get 50/50 or even majority custody unless something is really wrong. Right now, she gets to party it up and has a free babysitter. Why would she want to change? |
Please elaborate on how this worked. And who was your lawyer/do you reccomend them? |
Judges used to be lawyers, and they realize that both parties contributed to the breakdown of the marriage AND both have reasons for lying or embellishing. As such, judges don't really care who cheated or who parties. Alleging your spouse is drinking and partying and screwing around is easily deflated with a simple, "Nope, not true." Joint custody is the norm. Even alcoholics and addicts and people with criminal records get joint custody...unless the other party wants to check out on parenting. Talk to a lawyer ASAP. |
OP: you need a good lawyer, because you are male. Women generally can move out and take the kids and it can actually help them get a better custody agreement or order. Men have a tougher time selling a move-with-kids it to a judge. |
It worked very well and took about 4 months. I took a very aggressive route with her and her attorney and it paid off. Not through my attorney, but on my own. Attorneys are a lot more limited in what they can do and they charge for every minute of time they even discuss something with you. I got custody of my kids and moved back into my house. That's the short version and it cost me some money, and being a man, of course I got no child support. But I didn't care. I got what I wanted. My attorney is in Maryland and handled a divorce for a friend of mine also. She was very satisfied. I'd give you his name if there was a way to private message. Or, reveal yourself with a screen name and I'll message you. I have one. |
Strongly disagree. It's exactly what I did as stated above. And consider, most cases never go before a judge. I also had her deposed and that was enough for her and her attorney to see how things would go before a judge. She settled a few weeks later. |