Re: Legal Separation W/a Twist

From:
Date: 14 May 2003
Time: 05:30:48
Remote Name: 24.209.115.232

Comments

Hey Poppa, I don't know if this helps, but I'll tell you what happened with my fiancee's ex.

His grandpa left his mother and her sisters the house that my fiancee and his then wife shared for a few years. He was put on title so that he could live there and take loans out on it, his wife however, was not. She has nothing to do with that house, legally because she signed off on it. BUT, as it is an acquired debt that occured during the marriage, she is responsible for half of it (Moron let her have the keys after he moved an hour and a half away when she said, "I just want to get some of my things," and she put holes in the walls, let her animals urinate everywhere, used the place as her personal garbage disposal, took things that he purchased after she left him, ect... so the house is ruined.)

From a legal standpoint, my FMIL could have rallied with her sisters and kicked the wife out because she's not on title. I think the court would have let her stay there, though, because she was the at-home mother, caring (if that's what you want to call it) for the boys, and she had no place else to go.

From what you have told me, it does not sound like the mother of your grandchild would win such a battle, because more than likely, the most she SHOULD get is equal time with the child. Court is going to consider the fact that Dad already has placement of his other children, and they are not going to readily take away siblings from this 2 1/2 year old that he/she has lived with and known his/her entire life.

My suggestion to you and your son, don't listen to what the foolish woman has said. Go and file for a seperation and custody together right NOW. The court will not want to remove the child from their home, and it will also not want to remove the siblings from their home either, so the most logical conclusion would be to remove the mother and let dad stay there will ALL the kids.

Tell your son to offer spousal support to the mother, so that she may live alone in an apartment until she gets on her feet. The two have not been married long enough for her to get alimony forever, but she may qualify for temporary alimony, which is meant for exactly what I stated above, means for her to get her act together.

Do not leave the child with her if you do not trust her- both have legal rights as guardians, and she could skip town if she chose to. Just for the best interest of the child, do not leave the two alone together. If things get really bad before they're in court and your son must leave the child with someone while he works, stress to them that they are NOT to answer the door to anyone. My fiancee's ex has this problem with her mother- her mom will not let her take her son away from the grandparents' home because the woman has such a screwed up life that they do not want her to subject that child to it, so they just don't answer the door when the cops come to it.

Don't know much else to tell you, except, don't believe her because she sounds shady already.

Consider obtaining both the Win Child Custody and Custody Evaluation Videos at http://www.winchildcustody.com and http://www.custodyevaluation.com They will be invaluable for your case.

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