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Also, moving out, taking the kids away, and not allowing the husband to see them is what cost Eph525's WW custody. Eph525 is now divorced with full custody of his children. DOCUMENT!
Jim BS - 32 (me) FWW - 33 Married 8/31/03 No kids (but 3 cats) D-Days - 8/25/06 (EA), 11/3/06 (PA) NC agreed to - 11/8/06 NC broken - 11/28/06, 12/16/06, 1/18/07, 1/26/07, 1/27/07 Status - In Recovery Jim's Story
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Mike C2,
Just because your wife might be more doting of a parent, doesn't necessarily make her a better one. What about discipline? What about providing a strong moral compass and teaching them right from wrong? Who's to say that you wouldn't dote on the kids if you were the sole parent? You never had to because your wife took that role, but if she didn't, don't you think you might step into that role and excel? No, all good points. I'm the disciplinarian for the kids, my W usually ends up screaming with them, becomes a kids herself. Good point. Maybe if I were actually faced with it I would reassess. It would just be based on so many factors, schools, work, whether the OM was supposedly in the picture, etc. She has just been the primary caregiver. Although, I must say, when I tossed her out in August, I had the kids doing their own laundry, making their own lunches, etc, and they still are now. Well, the other difference is I have one off to college and two in high school. Anyway....ericch has different issues, a young kid, substandard housing, hostile OM in the picture, ex-husband ally, etc. All I'm saying is, in some situations, one parent is obviously a better caregiver, work schedule-wise or whatever, and it is unfortunate if the kids becaome a football in a custody battle waged for spite.
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I asked when I could see him again and she said that she will not allow me to see him! Guess what? The last WW who did this so enraged the JUDGE by that he gave the father full custody. Your W did a stupid thing. We have several fathers here who have/had full custody of their kids. Eph525 is one. I have told him about your thread and asked if he could take a look. Keep your head up, Erich! Your W sounds like a real number!
"It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena.." Theodore Roosevelt Exposure 101
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I asked when I could see him again and she said that she will not allow me to see him! Guess what? The last WW who did this so enraged the JUDGE by that he gave the father full custody. Your W did a stupid thing. We have several fathers here who have/had full custody of their kids. Eph525 is one. I have told him about your thread and asked if he could take a look. Keep your head up, Erich! Your W sounds like a real number! Can someone define terms here? Full custody, partial custody, visitation, weekends....in NJ it's 'primary custody', and the other partner has a pretty significant obligation, as well.
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I have no idea what the different terms mean. In Eph525's case, the kids live with him and his wife gets a visit [not overnight] during the week and, I believe, every other weekend or maybe one weekend a month. [overnight]
When the judge found out that she would not let him see his kids, he also gave HIM the house and made her move out.
"It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena.." Theodore Roosevelt Exposure 101
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Eric, never apologize to the OM. Ever! Got it, thanks! It was a dumb question.. Let me know if she has an attorney (or can afford one). That may change things a bit. She told me on the phone today that she has an appointment with an attorney this Friday... I don't know where she is going to get the money for an attorney. I canceled her car insurance today and let her know by voicemail. That's another expense she'll have to pay immediately.
I am a 32 yr old betrayed husband. My wayward wife is 31. Married 3.5 years. Found out about affair when it started around 10/1/08. Affair started as emotional via internet, then went physical. Wife moved out on 12/27/08. I filed for legal separation to get visitation with my son--wife countered with big D but now says she is in no hurry to finalize the D?? Currently in Plan A. 3 yr-old son. 7 yr-old step son. 11 yr-old step daughter.
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Well, now we know why she wasnt worried! She had a plan. Did she have some kind of court order, or did she just call the police? No court order, just pure drama. I never said that she couldn't have him.. She just assumed that I would try to force our son to stay with me. Until there is a judge's order, you both have a right to him. So, she had every right to come get him, legally.
Get your attorney to file an immediate request for a custody order in your behalf. The judge should not look highly upon her methods. And if she takes him away from the family home and doesnt allow you to see him, then she will be in bigger trouble.
Get to the courthouse today! Also, find out what she has been up to legally concerning this. My attorney will have the paperwork ready to file this Wednesday. He said it will take a couple of weeks or more to get a court date though. How long does she have to keep our son away from me for it to be considered big trouble? She says she will not let me see him..
I am a 32 yr old betrayed husband. My wayward wife is 31. Married 3.5 years. Found out about affair when it started around 10/1/08. Affair started as emotional via internet, then went physical. Wife moved out on 12/27/08. I filed for legal separation to get visitation with my son--wife countered with big D but now says she is in no hurry to finalize the D?? Currently in Plan A. 3 yr-old son. 7 yr-old step son. 11 yr-old step daughter.
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Also, make sure your finances are separated. She will rob you blind if she has access to your finances. We only have one credit card together. We tried to get her taken off, but the credit card company wouldn't let her be taken off because my ratio of utilized revolving credit is too high. That card is almost maxed out already. There is about $500 credit limit available. I called today to see if WW tried to get a card sent out to her (I don't think she has a physical card for this account). They said "no." They said that I could just close the account if I want to. I will prob go ahead and do that just in case. $500 is $500...
I am a 32 yr old betrayed husband. My wayward wife is 31. Married 3.5 years. Found out about affair when it started around 10/1/08. Affair started as emotional via internet, then went physical. Wife moved out on 12/27/08. I filed for legal separation to get visitation with my son--wife countered with big D but now says she is in no hurry to finalize the D?? Currently in Plan A. 3 yr-old son. 7 yr-old step son. 11 yr-old step daughter.
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The courts will not look favorably on this one. She is shooting herself in the foot. If there were three cops there the courts will probably be fine with it. Remember, this happened at the relatives house not ericchs...Mom trumps Aunt. ericch....if you are working and the mother is a SAHM, expect the courts to be on her side. As far as you having money and her not....expect that to change, and she knows that game. As far as smearing her....that happens in every custody case on both sides. It is always alcoholic versus psychotic, drug addict versus abuser...the courts have heard it all before. I think your lawyer is going to give you a reality check here. Both attorneys that I have met with have already given me the reality check. They said that there is basically no chance that I will get sole legal or physical custody. The only time that happens around here is if the spouse is a raging alcoholic or abuses the kids or something like that. Even so, I told him to file for full legal and physical custody with about a 70/30 split in time in my favor and hopefully we'll end up settling in between. My attorney said he'd go for it.. Maybe WW will make some big mistakes and I'll come out ok. We'll see.
I am a 32 yr old betrayed husband. My wayward wife is 31. Married 3.5 years. Found out about affair when it started around 10/1/08. Affair started as emotional via internet, then went physical. Wife moved out on 12/27/08. I filed for legal separation to get visitation with my son--wife countered with big D but now says she is in no hurry to finalize the D?? Currently in Plan A. 3 yr-old son. 7 yr-old step son. 11 yr-old step daughter.
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So her stunt with 3 cops won't look good.
Just because 3 cops show up doesn't mean that the courts side with her. ...It was six cops. They arrived in three squad cars. I'm surprised she didn't call the national guard and the SWAT team..
I am a 32 yr old betrayed husband. My wayward wife is 31. Married 3.5 years. Found out about affair when it started around 10/1/08. Affair started as emotional via internet, then went physical. Wife moved out on 12/27/08. I filed for legal separation to get visitation with my son--wife countered with big D but now says she is in no hurry to finalize the D?? Currently in Plan A. 3 yr-old son. 7 yr-old step son. 11 yr-old step daughter.
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Since E allowed his WW to help tuck in their son last night when E had him, does anyone think it would be a good idea if he went over to WW's apt tonight and ask her to allow him to help tuck their son in tonight? She won't answer my phone calls... Also, E, you've got to get over the idea that she is a good mother. Do you have any idea how many hours she spent talking to OM when she was supposed to be caring for your son? You know, you are absolutely right. And after spending several hours cleaning my house tonight, I see that she has just let everything go these last few months. I know that she slept in pretty late most days and put movies on for the kids. I guess I just built her up to much in my mind. The fog is still parting...
I am a 32 yr old betrayed husband. My wayward wife is 31. Married 3.5 years. Found out about affair when it started around 10/1/08. Affair started as emotional via internet, then went physical. Wife moved out on 12/27/08. I filed for legal separation to get visitation with my son--wife countered with big D but now says she is in no hurry to finalize the D?? Currently in Plan A. 3 yr-old son. 7 yr-old step son. 11 yr-old step daughter.
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She won't answer my phone calls... DOCUMENT, DOCUMENT, DOCUMENT! Do you have a journal yet? If so, you need to document this today. Print out a list of the phone calls you made to your WW that she did not answer and give it to your lawyer. If not, GET ONE! Oh, who cares if your lawyer is pessimistic. They lower the expectations so you don't get pissed with them if you don't get primary custody.
Jim BS - 32 (me) FWW - 33 Married 8/31/03 No kids (but 3 cats) D-Days - 8/25/06 (EA), 11/3/06 (PA) NC agreed to - 11/8/06 NC broken - 11/28/06, 12/16/06, 1/18/07, 1/26/07, 1/27/07 Status - In Recovery Jim's Story
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Factors that determine custody in Missouri: The court shall determine custody in accordance with the best interests of the child. The court shall consider all relevant factors including:
(1) The wishes of the child's parents as to custody and the proposed parenting plan submitted by both parties;
(2) The needs of the child for a frequent, continuing and meaningful relationship with both parents and the ability and willingness of parents to actively perform their functions as mother and father for the needs of the child;
(3) The interaction and interrelationship of the child with parents, siblings, and any other person who may significantly affect the child's best interests;
(4) Which parent is more likely to allow the child frequent, continuing and meaningful contact with the other parent;
(5) The child's adjustment to the child's home, school, and community;
(6) The mental and physical health of all individuals involved, including any history of abuse of any individuals involved. If the court finds that a pattern of domestic violence has occurred, and, if the court also finds that awarding custody to the abusive parent is in the best interest of the child, then the court shall enter written findings of fact and conclusions of law. Custody and visitation rights shall be ordered in a manner that best protects the child and any other child or children for whom the parent has custodial or visitation rights, and the parent or other family or household member who is the victim of domestic violence from any further harm;
(7) The intention of either parent to relocate the principal residence of the child; and
(8) The wishes of a child as to the child's custodian.
Last edited by jmwc95; 12/30/08 01:14 AM.
Jim BS - 32 (me) FWW - 33 Married 8/31/03 No kids (but 3 cats) D-Days - 8/25/06 (EA), 11/3/06 (PA) NC agreed to - 11/8/06 NC broken - 11/28/06, 12/16/06, 1/18/07, 1/26/07, 1/27/07 Status - In Recovery Jim's Story
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She won't answer my phone calls... DOCUMENT, DOCUMENT, DOCUMENT! Do you have a journal yet? If so, you need to document this today. Print out a list of the phone calls you made to your WW that she did not answer and give it to your lawyer. If not, GET ONE! Oh, who cares if your lawyer is pessimistic. They lower the expectations so you don't get pissed with them if you don't get primary custody. I've been keeping a daily journal of events since the beginning of December. I also documented a few other events that happened in Oct and Nov. I definitely documented the heck out of today. I told my brother-in-law to write down a description of everything that happened today when the cops ripped my son from him. BIL said he would write it all down. I'll followup with him tomorrow to get a copy of it.
I am a 32 yr old betrayed husband. My wayward wife is 31. Married 3.5 years. Found out about affair when it started around 10/1/08. Affair started as emotional via internet, then went physical. Wife moved out on 12/27/08. I filed for legal separation to get visitation with my son--wife countered with big D but now says she is in no hurry to finalize the D?? Currently in Plan A. 3 yr-old son. 7 yr-old step son. 11 yr-old step daughter.
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So her stunt with 3 cops won't look good.
Just because 3 cops show up doesn't mean that the courts side with her. ...It was six cops. They arrived in three squad cars. I'm surprised she didn't call the national guard and the SWAT team.. Oh, that is just RIDICULOUS!!! :RollieEyes: Make sure your attorney has a copy of the previous police report as well as the newest one. Clearly she is over the top with this and the judge will see it, too! Another good reason to get copies is so you can beat her to the punch with it before her attorney has the chance to do a "spin" on it when you are in court. Charlotte
Last edited by Dancing_Machine; 12/30/08 01:36 AM. Reason: added a tad
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She won't answer my phone calls... DOCUMENT, DOCUMENT, DOCUMENT! Do you have a journal yet? If so, you need to document this today. Print out a list of the phone calls you made to your WW that she did not answer and give it to your lawyer. If not, GET ONE! Oh, who cares if your lawyer is pessimistic. They lower the expectations so you don't get pissed with them if you don't get primary custody. I've been keeping a daily journal of events since the beginning of December. I also documented a few other events that happened in Oct and Nov. I definitely documented the heck out of today. I told my brother-in-law to write down a description of everything that happened today when the cops ripped my son from him. BIL said he would write it all down. I'll followup with him tomorrow to get a copy of it. Good, good, good!! Charlotte
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I have no idea what the different terms mean. In Eph525's case, the kids live with him and his wife gets a visit [not overnight] during the week and, I believe, every other weekend or maybe one weekend a month. [overnight]
When the judge found out that she would not let him see his kids, he also gave HIM the house and made her move out. Hi Melody, How long did Eph525's wife not let him see his kids for? Thanks!
I am a 32 yr old betrayed husband. My wayward wife is 31. Married 3.5 years. Found out about affair when it started around 10/1/08. Affair started as emotional via internet, then went physical. Wife moved out on 12/27/08. I filed for legal separation to get visitation with my son--wife countered with big D but now says she is in no hurry to finalize the D?? Currently in Plan A. 3 yr-old son. 7 yr-old step son. 11 yr-old step daughter.
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Eric,
I hate this (because your son is in the middle).
But I love this because your wife is already showing that she is going to be easy to attack and to make mistakes. This was a HUGE one.
Can you email her and tell her that you want to see your son tomorrow? Then when she emails back that she isnt going to allow you to see him, you have documented evidence (not just hearsay).
What you want to do now is to give her every way possible for her to hurt herself in court. Look for targets of opportunity. Try calling, and saying yo uare calling to say goodnight to your son. Keep all of this in the journal.
Keep up the attack! if she is calling in 6 cops for a stupid act like she did, no telling how far into left field she will go.
Help her mess herself over!
Standing in His PresenceFBS (me) (48) FWW (41) Married April 1993... 4 kids (19(B), 17(G), 14(B), 4(B)) Blessed by God more than I deserve "If Jesus is your co-pilot...you need to change seats!"Link: The Roles of Husbands and Wives
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erich,
This is a shot that has been made accross your bow.
The time for hopes of reconciliation is over. The time to act is now. This is full blown warfare and meekness and niceness will not get you anywhere with her.
It's time for hardball and the big guns.
No, the odds are indeed low that you would have sole physical and legal custody.
The lawyers aren't wrong there.
But having a split of 70/30 is not out of the question.
But neither is soul physical and legal. It is possible.
Especially if you go in armed with the past history of abuse on her part. You have her ex as a willing witness. You have her latest stunt.
This is the part that is going to be the hardest for you. Sit still and document and continue to try to establish contact with your son.
Now, calling her twice a day to try and talk to your son is normal. Calling her 8-10 times shows obsession.
You don't want the court to get the impression that you are a man they need to protect her and the child from.
So your greatest challenge will be to be lukewarm. Show a desire to be with your son, but don't be on a militant mission to do so.
This will be very hard because your emotions will be high.
So documentation is the key.
And being still and quiet as you do the back room legal maneuvers.
You will get to see your son again. You can get a PL order that puts your son in the marital home.
I would immediately take steps to expose her to section 8 housing as being someone who is not qualified for it. She's legally married, there is no legal separation, and she has a home she could be in.
Look into that.
I don't know the rules, but I'm sure that demonstrating that she has a perfectly viable home she should be in is important.
You can do what is call a wellness check with the police. You contact them and let them know that you're concerned about your son because you haven't heard from him in a few days and they'll check on him.
You should also take pictures of your home and your neighborhood and do the same for hers. Show the contrast and then present these as evidence and proof that it is better for your son to be in your care in your area versus section 8 housing.
Take pictures of the bad parts of the housing area and anything which stands out as unsanitary, dangerous, or gross.
Show your area as contrast to that.
Best of luck. Seriously. I know how painful it is to go through what you're going through.
Justice will prevail.
D-Day 28 Feb 06 Plan D (Not by choice) - 24 March 06 DD6 DS4(Twin1) DS4(Twin2)
She moved away with the kids April 08. I contested it and got a lot more time with my kids. She's unhappy that I want to stay involved in their lives and don't settle for being an "every other weekend" dad.
Never going to happen.
Ongoing personal recovery through the help of friends, family, and DC United Soccer!
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I have no idea what the different terms mean. In Eph525's case, the kids live with him and his wife gets a visit [not overnight] during the week and, I believe, every other weekend or maybe one weekend a month. [overnight]
When the judge found out that she would not let him see his kids, he also gave HIM the house and made her move out. Hi Melody, How long did Eph525's wife not let him see his kids for? Thanks! Here is the thread: Eph525's story It was about 3 weeks and it was over the Christmas and New Years holiday as well. Of course, his WW also took the children across state lines to her mother's house as well.
Jim BS - 32 (me) FWW - 33 Married 8/31/03 No kids (but 3 cats) D-Days - 8/25/06 (EA), 11/3/06 (PA) NC agreed to - 11/8/06 NC broken - 11/28/06, 12/16/06, 1/18/07, 1/26/07, 1/27/07 Status - In Recovery Jim's Story
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