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Joined: Feb 2003
Posts: 33
M
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Joined: Feb 2003
Posts: 33
I have filed for divorce and will have a date for court by tomorrow. I have asked my husband to leave and he refuses. My attorney has told me I can change the locks, however because we are in Texas and that is his residence, I can't keep him out. This is really hurting our child. Our child is 3 and my H is screaming nightly, drinking, cursing, crying and throwing temper tantrums. Attorney told me we could get a restraining order, however I would have to prove he has threatened either myself or child. I'm completely baffled and don't know what to do. I have been trying to keep things calm and not light any fires but that doesn't help. Now my son is acting out in day care, which makes things worst. Any words of wisdom.

Joined: Jan 2006
Posts: 271
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Joined: Jan 2006
Posts: 271
I don't know of any ethical alternatives. You've already appealed to him directly. Is there an authority or relative you could appeal to that would have some sway over him and who could convince him that this is best for the family? BTW, where do you think he should go?

Are you sincerely concerned about physical violence?

Your toddler is probably not acting out solely because of your H. The family dynamic surely has an effect. And children of divorce suffer a number of consequences. I've sure you have carefully thought through your decision to D, but you might want to read up on Judith Wallerstein's research to understand D's effects on children.

- WG


BH 40, Married: 2002, Discovered affairs: Fall 2005, Divorced: Spring 2008

Advocate grace daily
Joined: Jun 2002
Posts: 1,717
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Joined: Jun 2002
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You may have to remove yourself from the house instead. At least until the atty's can hash out a temporary stipulation. Ask your atty if you can take your kid with you.

You separated before and lived with a sister. Is that still possible?


ba109
Joined: Jan 2008
Posts: 117
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Joined: Jan 2008
Posts: 117
If it is his house, why do you want him to leave?

Are you afraid you will lose HIS house if you leave?

Joined: May 2007
Posts: 2,531
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Joined: May 2007
Posts: 2,531
Garak, you are really on a rampage these days. It is pretty safe to assume that the house in question is theirs, not his or hers exclusively.


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