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Just looking for advice on a custody thing.

 
 
Reply Mon 13 Jul, 2020 02:12 pm
I got divorced in April 2017 from my wife. When we divorced she put down that I wasn't fit to have visitation of my kids without court ordered visits. I had to go to court ordered classes and other things to prove otherwise. After a few months I received 50/50 custody of my children with my ex-wife.

Our custody agreement was that she would have the kids monday and tuesday and I wednesday and thursday and we would rotate weekends. I would pay child support and also neither of us would move out of the city and if we did we would have to reagree on something for custody.

In february of this year she moved to tennessee leaving me with the kids full-time and her getting them on holidays. We agreed that she would give me the child support back and that to help pay for travel she could keep this money on the months she picked the kids up. I didnt want to pay for a lawyer to get this all settled in court, so we just had a verbal agreement.

A couple weeks ago, she was jailed for Domestic Violence (she slapped her boyfriend, or atleast that is what I was told). Because of this I had to quickly hop on a plane and fly out, spending quite a large sum of money to do so last minute. As well as the children saw everything. She was in jail for 10 days total and the charges were dropped, but this doesnt change what happened in my eyes.

In the past three years my ex-wife has attempted suicide, nearly succeeding and being in the hospital for almost 3 months. She has been in and out of psych hospitals. She is seeing doctors for mental health for this. But now this Domestic Violence arrest.

These extreme issues happen probably every 6-9 months. Where she is basically not capable of watching the children at all because she is in a hospital, jail, etc.

She has also been too busy to pick the kids up on many many many occassions in between these extreme issues. All of which has violated basically everything we agreed on in our custody agreement.

After this arrest I feel like I have dealt with enough and I also feel as if my kids have been put through enough. I am thinking about going into a lawyer and getting full custody of my children and not allowing her to visit them unless she comes to Texas where I know I could get to the kids if needed.

This would also remove most of her stressors because she could leave that back home and come to visit and only think about the kids, which I dont think she is a bad mother. She just has mental health issues and has bad life choices. And if something did come up, I would just be down the road and could come get them if need be.


I know that this is only one side, but I tried to just stick to the facts of the situation. In my situation what would you do?...
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Type: Question • Score: 1 • Views: 703 • Replies: 3

 
jespah
 
  5  
Reply Mon 13 Jul, 2020 03:16 pm
I would get a lawyer and not crowdsource the answer when it came to my children.
blahblahusername124
 
  0  
Reply Mon 13 Jul, 2020 04:35 pm
@jespah,
I am asking for opinions because to me, i feel like a terrible person even thinking about taking my kids away from their mother. I am not asking for legal help. I am just curious what others would do in my same position.
maxdancona
 
  1  
Reply Mon 13 Jul, 2020 04:47 pm
@blahblahusername124,
If you are asking for my support as a father, you have my support.

A father should have the same rights as a mother has when it comes to custody (it doesn't always happen this way). When the mother is unable to take care of the kids, it is only logical for you to take custody.

That being said, the best thing possible is for the father and mother to agree on what is best for the children. If you can cooperate with the mother, do that. Of course the needs of the children come first.

When I divorced, my ex-wife got a nasty lawyer and was preparing a slash and burn strategy. I got a great lawyer who told me my rights and told me rather than to fight back, to try to work out a great deal. Thanks to my lawyer I knew where the limits were. I ended up with 50 percent legal custody and 49% physical custody (only to establish which school district my daughter would be in).

My ex-wife saw the 51% as a great victory. I chuckled with my lawyer (since it was legally meaningless), and we worked out a fairly civil co-parenting arrangement (no thanks to her nasty lawyer who slunk back into whatever swamp she came from).

In short.

1) Get a lawyer.
2) Put the needs of the children first
3) If you can be civil and work out something without fighting, do that.
4) Get a lawyer.
5. Get a lawyer (the point here is that you can't make any good decisions without a good lawyer).

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