Custody Issue While Separated - Please Help!!

[Anonymous]

Anonymous wrote:Please take care of yourself during this difficult time. Make sure that you have an outlet for your frustration while dealing with your spouse and soon to be ex-spouse. Getting a little therapy might help too.

Thank you. I was seeing a therapist last year but had to stop due to finances. I feel trapped. Most of my salary is going to take care of the mortgage and lawyer fees.

[Anonymous]

Move out, get a cheap two bedroom, file for 50/50 custody, file for divorce and force the sale of the house.

[Anonymous]

And, remove the lock from the bedroom door.

[Anonymous]

Get a small digital recorder and tape every crazy thing that crazy woman says.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:You need to talk to a divorce attorney in your jurisdiction about what your options are.

I have retained a lawyer. Lawyer put together the separation agreement and sent it to my wife but she's refusing to sign it.

What does your lawyer say to do next?

He keeps telling me to get her to sign the agreement since the custody schedule is addressed within. I'm thinking of switching lawyers but at this point have limited financial resources.

[Anonymous]

It is very costly to go to trial. You can file for custody and divorce on your own at the courthouse and represent yourself. Tell wife either sell the house or she pays the entire mortgage.

[Anonymous]

Anonymous wrote:What separation agreement? Move out. You can't get a divorce unless you have lived separately. You wife can't keep you there forever, and what's the point of living in your house if you don't see your daughter?
You have wasted enough time not seeing her. Get a new lawyer!
Maybe she would get out of the house with her at least and do things if you weren't there. Your daughter is the one suffering. See how "trying to do the right thing" can go bad.
You will probably end up selling the house in divorce and you will see your daughter again. You'll get 50/50 most likely unless you are hiding something you didn't write about. Seeing her weekend is even better than what you have going on now.

I can't just move out or it will be considered abandonment. Lawyer says I need to be separated either living together or apart for one year before filing divorce.

[Anonymous]

Anonymous wrote:It is very costly to go to trial. You can file for custody and divorce on your own at the courthouse and represent yourself. Tell wife either sell the house or she pays the entire mortgage.

She is being unreasonable she won't agree to selling the house and she says she doesn't care where I go as long as I pay the mortgage on the house until daughter is grown. She can't afford to pay the house on her own.

[Anonymous]

A call to CPS for guidance and resources?

[Anonymous]

Stop asking her and have her served with the papers. That should force the ball rolling and help avoid issue of abandonment.

[Anonymous]

Document the parent alienation taking place.

[Anonymous]

I agree you are being too passive. Ideally, the wife signs the separation agreement. What if she doesn't? You need a lawyer to give you very specific, direct advice.

Things re bad right now. But to move things along, you need to document what is happening, and you need to force the issues. You might not see your daughter for a while, but once you get it al lined up you can work to undo some of this damage.

you might also have to go into some level of debt to force this issue.

What you're doing right now is not working and is causing serious damage.

[Anonymous]

Anonymous wrote:

Anonymous wrote:It is very costly to go to trial. You can file for custody and divorce on your own at the courthouse and represent yourself. Tell wife either sell the house or she pays the entire mortgage.

She is being unreasonable she won't agree to selling the house and she says she doesn't care where I go as long as I pay the mortgage on the house until daughter is grown. She can't afford to pay the house on her own.

In 5 months or less you will be able to proceed with the divorce. At that point it won't matter if she agrees to sell the house or not, you will have to split assets and you will have designated child support/alimony. If she can't buy you out of the house, she will have no choice but to agree to selling in order for each of you to get your half of the marital assets.

[Anonymous]

Anonymous wrote:Can you pick up your DD from school early? Since there is no custody arrangement, the school won't have any issue releasing your DD to your care. then you guys can hang out for a while can come home.

I feel really bad for your kid. She must get so bored of hanging out in the same room and at her age I am sure she wants to be outside running around.

This

If there is no agreement in place thru the courts then you have just as much right as she does to have your kid. So go pick her up from school and do something together.
How old is this child?

[Anonymous]

Anonymous wrote:

Anonymous wrote:Can you pick up your DD from school early? Since there is no custody arrangement, the school won't have any issue releasing your DD to your care. then you guys can hang out for a while can come home.

I feel really bad for your kid. She must get so bored of hanging out in the same room and at her age I am sure she wants to be outside running around.

This

If there is no agreement in place thru the courts then you have just as much right as she does to have your kid. So go pick her up from school and do something together.
How old is this child?

What if the child is programmed by the mother not to go with the father? At 10 years old and alienated from him, she may refuse.