Many of you know my story and I wanted to give you an update. I have not posted in a while but have been lurking.
Yesterday was the hearing for STBXW's motion for temp custody, possession of home, etc. Real nice, she has 3 PA's, files for D, and now wants to take our child from me, kick me out of the house, and let me pay for it all to boot.
Well, my faith in the legal system is restored as of now. I was awarded physical custody of our DS, the house, and she is required to pay support. I really think I lucked out. Our judge was a conservative Republican judge (one more reason we need to get these courts packed with conservative judges) and, although infidelity is not supposed to be a factor in determining child custody, it had to weigh into his decision.
The bottom line, from what people in the courtroom said, was that my testimony was my case. It was heartwrenching, and that I was willing to do what is in the best interest of our DS, and had exhibited that through my actions, just permeated through my testimony. I won't say the STBXW was selfish in her testimony, she loves DS very much, but what she was doing, the neglect that she showed our family, that I picked up and was DS's primary caretaker, that is what it came down to.
I broke down crying after the decision came down. They were not tears of joy. For the very first time, a judge was splitting up our lives. Who gets to see DS and when. I cried and felt horrible for STBXW, i could feel her pain. Ironically, she refuses to admit her wrongdoing. I am to blame for everything. I did this all to her. She can't even see that she did it to herself.
I know this is all temporary, but it is a good sign. STBXW now has 30 days to leave the house. Her visitation starts then, sadly this falls shortly after our 5th anniversary, and just before DS birthday.
We were ordered to start mediation. My lawyer says that that we should get what we want. The judge was generous in visitation(I didn't think so, I will be more generous) and that if this comes back to him, she will get less.
Yesterday, everyone I talked to afterwards, my family, friends, her family, supportive and happy for me. I felt horrible, the only one who feels worse is STBXW.
There are no winners in Divorce.
