Friday, April 30, 2010

Legal advice about divorce...?

I live in NC and I need help. Me and my husband separated almost a week ago. I know he is seeing an 18 year old girl (we are 24). We have a 3 year old son and I have told him over and over he is ruining his chances of seeing his son. He denies he is doing anything, and thinks that he is really not since he is not ';dating'; her and he is hiding it this time (he dated the same girl when we split earlier this year. What can be done legally if I can't really prove it?Legal advice about divorce...?
You can't use your son as a weapon against your husband. It is not healthy for your son. The courts will not deny him time with his son cause he has a girlfriend --- they quite literally do not care (he is right on that point). If you keep saying this and then try to stop him from seeing his son it could be a problem for you in court during custody part. Courts are becoming very sensitive to parents using their children against each other. Get a book on parenting through divorce --- it will explain this in more detail.Legal advice about divorce...?
Quit using your son as a bargaining chip. You're trying to control your soon to be ex by threatening him with not being able to see him. Wrong wrong wrong.





18 is the age of consent, and if he's dating someone of that age, you'll just have to get over it.





P.S. I'm sorry your marriage is splitting up, but he doesn't sound like someone I'd want to stay with anyway.
Don't make threats as they will backfire on you. It's painful when your ex is with someone you disapprove of, but unfortunately, that's life. If he's so caught up with a child, he may not be available to your son and may not keep current with scheduled visits. Then, you can say he's not complying with the court order. The court will question his desire to have a relationship with his son. You should only focus on HIS ability to parent, NOT who he spends his free time with.
It isn't up to you to prove if it's true or not. Its up to him to prove that it isn't true. Find a good family lawyer and file for divorce and just state the obvious to the lawyer and let them file the case, let your husband prove his innocence. But for now - if you can get hold of phone bills, credit card bills, anything that may incriminate him - by all means gather it.
Have you talked to a lawyer yet? If you haven't, you should find one to talk to. You can look in your phone book and call around (Look for divorce attorneys) and ask the receptionist if they do a free consultation. Most of them do but some charge money for the same service. Talk to the ones who don't charge-sometimes they will even talk to you over the phone. Talk to them about the situation and they will tell you what you can do. I had to do the same thing when my husband wanted a divorce.
That is called statutory rape... run that term by him,,, 17 will get you 20.... years...
Having a girlfriend does not ruin his chances of seeing his son. Just like if you got a boyfriend the court would not take custody away from you. If you want to divorce him (I recommend it) then file for divorce, ask the judge for a temporary custody order that will establish parenting time for both of you and order child support. You don't need to prove adultery to get a divorce. If you do keep him from seeing his son you can be messing up your chances of having primary custody because judges don't like parents who keep the child from the other parent, but don't wait on getting a temporary custody order because until you have one he could take his son and not give him back, you wouldn't be abe to do anything about it without a court order.
No matter what he does he has just as many rights as you do on your son. Your son is also his son and you can't change that. Their are two sides to every story and his counts too.
Yahoo is not the place to get legal advice. The only place you can get real advice is in an attorney's office. No one from Yahoo is going to represent you in court or be with you in court. And you will make an *** out of yourself if you go to court and tell the judge that you think you know the law because someone from Yahoo told you so.

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