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Drama Llama
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I’m in the middle of helping a family member split with a violent, mentally ill individual. In addition to the suggestions, disconnect from eachother on SM. Disconnect credit cards where feasible, establish a separate bank account, etc. utilities on the home may need to be paused/transferred so you can sign a lease elsewhere.

Edited by Sneezyone
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3 hours ago, Baseballandhockey said:

50/50 may be standard, but it's not appropriate in this situation.  I am leaving to protect my kids.  If my lawyer says that 50/50 is a likely outcome, I'll go back to him.  

I don’t recall you ever having said that your dh posed a physical danger to your children, and his mental health situation has now improved to the point where he was able to successfully confront his sister about the comment she made about your son, and he has also been involved in your discussions about choosing schools for the kids, so it might be difficult to prevent him from having some level of custody of the children. 

I hope I don’t sound too discouraging, but I’m trying to be realistic. I really doubt you will get full custody, especially because your dh’s family has been so involved with the kids all along, and they will probably be more than willing to offer to supervise visitation if the judge has any qualms about your dh’s ability to parent the children.

 I don’t know what the story is with your dh and the kids, but I do know that plenty of truly terrible parents are allowed to share custody or have regular overnight visitation with their children. 😞 

 

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9 hours ago, Baseballandhockey said:

I am at his sister’s but my thought is that the kids and I will move into the home we own.  Maybe this weekend, and he will stay with his Dad.  

I can’t see how the that would be considered abandonment. Sounds like a good plan. 
 

I hope this will bring about necessary changes in your relationship, whichever way it goes. You’ve been extending yourself for a long time. The breathing room may be really helpful. 

Edited by Grace Hopper
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9 hours ago, catz said:

Custody concerns are totally understandable given the situation and history.  This would be the time to a big data dump on the issues he has had lately.  Maybe sit down with a calendar and document thoroughly how the last couple years has looked for you.  I agree that talking to a lawyer would be helpful on this if you are ready to talk about the whole situation and will give you some good solid next steps.  

Get any available medical records of his that you are entitled to. It may support your case but if you’re on his hipaa paperwork he may revoke that to protect himself. 

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Know that psychiatric evaluations with re: to custody are a thing.  If you go through child custody evaluations, have your attorney review the actual process carefully. Typically the evaluator is court appointed, but a good divorce attorney likely has already dealt with the evaluator before on previous cases, knows the local lay of the land, can make sure that the evaluation process is fair, and can argue well if opposing party wants the evaluation thrown out because it makes opposing party look bad.

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25 minutes ago, Baseballandhockey said:

I have protected my DH’s privacy and will continue to.  There are lots of people who are capable of yelling at their sister and not of parenting. 

You seem to be getting offended, but I haven’t asked you for details about why you think your dh isn’t capable of parenting.

I was just pointing out that the court may see that he was released from the hospital and that his mental health condition seems to have improved, so your request for full custody may very well be denied.

The court’s idea of “capable of parenting” may be quite different from your feelings about it. And your dh’s strong family connections with close relatives who are already actively involved with your kids may work in your dh’s favor 

I’m very encouraged to hear that you think you have found an excellent divorce attorney. He or she should be able to give you the best chance at the outcome you’re hoping for. 

Sending lots of hugs and encouragement!

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39 minutes ago, Catwoman said:

You seem to be getting offended, but I haven’t asked you for details about why you think your dh isn’t capable of parenting.

I was just pointing out that the court may see that he was released from the hospital and that his mental health condition seems to have improved, so your request for full custody may very well be denied.

The court’s idea of “capable of parenting” may be quite different from your feelings about it. And your dh’s strong family connections with close relatives who are already actively involved with your kids may work in your dh’s favor 

I’m very encouraged to hear that you think you have found an excellent divorce attorney. He or she should be able to give you the best chance at the outcome you’re hoping for. 

Sending lots of hugs and encouragement!

This.

This is a very real danger.  Family court is extremely favorable to shared custody generally, to a fault really.

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3 minutes ago, freesia said:

I also believe that courts take teen’s preferences about custody into account.  

Only in some states. My dd had a high school friend who didn't want to visit her father, but was required to. She was 17 at the time.

B and H, I'm sorry this is yet another layer you need to deal with. I've not been on the adult side of parenting, but was a teen when my parents divorced. All my thoughts are with you and your boys.

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Sending you so much love and support! I am about 4 months out from making a similar decision - different circumstances, of course, but I understand the emotions surrounding those decisions and the aftermath. My two pieces of advice are to get the best possible lawyer on board immediately, and to start keeping a journal. Write down your interactions, your emotions, your conversations, and feelings. You will begin to see patterns and be reminded of the reasons that led you to make this decision. You may get pressure to change your mind or do something differently, but rereading your journal will help you stay connected to who you are at your core and what you know is the right thing to do. 

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13 hours ago, Tree Frog said:

Only in some states. My dd had a high school friend who didn't want to visit her father, but was required to. She was 17 at the time.

B and H, I'm sorry this is yet another layer you need to deal with. I've not been on the adult side of parenting, but was a teen when my parents divorced. All my thoughts are with you and your boys.

I hear this all of the time.  Visitation is different than custody.  A 17 will be allowed to express which home they want to live in.  But they are still required to go for visitation to the other parent.  ( Of course enforcing that is another story)

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23 minutes ago, Scarlett said:

I hear this all of the time.  Visitation is different than custody.  A 17 will be allowed to express which home they want to live in.  But they are still required to go for visitation to the other parent.  ( Of course enforcing that is another story)

That makes sense. Thanks for pointing that out.

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The only advice I have in these situations is demonstrated by the character Mike Ehermantraut in Better Call Saul when being questioned by the police:

Cop: "Blah.  Blah Blah Blah Blah Blah Blah Blah. Blah Blah Blah Blah. Blah Blah Blah Blah Blah. Blah?....Blah Blah Blah? " 
Mike Ehermantraut: " Lawyer."
Cop: "Blah Blah Blah....Blah.  Blah Blah Blah..... Blah Blah Blah Blah?.... Blah Blah. Blah?
Mike Ehermantraut: " Lawyer."
Cop: "Blah Blah Blah.....Blah Blah Blah.......Blah?"
Mike Ehermantraut: " Lawyer."

It seems you have that one under control.  I'm wishing you all the best and praying that the judge and your kids see the situation for what it really is and support your decision.

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I haven't read all the replies and, offhand, I don't remember how old your dc are.

Agree with getting a good lawyer first. Document everything. 

Second, in my county, all divorcing parents had to attend a court-ordered parenting class. Not a big deal but just fyi.

Third, courts here tell you to use mediation vs. going to court. One of my dc was over 18 so that child did not figure into any custody issues. My other dc was a teen (15/almost 16yo) & while we did have to hammer out a legal agreement (dc lived primarily with me but xdh had access) re: which weekends & holidays were to be spent with the dad, we put in wording that it was up to dad & dc to determine times to get together that worked for them (but if that time wasn't satisfactory enough to the xdh, then the weekend/holiday agreement would go into effect). That may not work in your case, but I am just putting options out there to ponder. That way, if xdh & dc decided they wanted to grab dinner & a movie on a weeknight, they could arrange it and go, special permission wasn't needed ahead of time from me, they didn't  have to wait until xdh's official weekend time, etc. That freedom was helpful, imo, in that it made xdh more amenable to the fact that dc didn't want to trek between 2 houses to spend the night (although legally xdh could have insisted). The flexibility worked, esp. since it was just a few years until dc turned 18 & was no longer bound by the agreement.

Last, in the paperwork, while it stated that we were supposed to work together to determine things for the dc, you had to name one parent as the ultimate one who got to make the decision if you disagreed. The categories were: medical, educational, religious, extracurricular, and one other one that I am blanking on right now (maybe travel?). Be thinking which categories are hard & fast for you & which are negotiable. 

Edited by Stacia
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It's okay to not know the details of a long-term plan right now. I think this sounds like a good time for baby steps. Focus on what's best for you and your kids right now/in the short term. (Note: I am not saying to completely disregard your DH's needs.) As you figure out what the short-term looks like, the long-term will probably come into more focus. 

I will continue to pray for you.

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Having a job and a house (or in my case, supportive family with space to house us while I figured out what to do) is pretty incredible. I found the whole process very difficult, life-changingly so, and I still cannot imagine how women without money, reliable income, and immediate stable housing ever manage to leave. I never cared much about women's shelters before I left, and when I did, I realized very suddenly how much they're doing God's work. 

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On the plus side, living just a few blocks from dh might be good for the kids- if things do get to the point where they want to see him, you’d be nearby. And since it’s your old house, the kids won’t feel as uprooted as they might feel if you took them to an entirely new place. I know there are downsides to everything I mentioned, but try to look at the positives. You’re probably not feeling a lot of ‘on the bright side’ stuff right now, so any little thing that’s positive might help.  Hugs. This is hard.

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