Question:
My wife left me, was gone for over a week when she started having DFS and the Police coming over to do wellfare checks on my son. There was nothing they could do for her so the same night she broke in the house in the middle of the night through the kitchen window and took our 2 year old while I was at work and my brother, (my Son's Uncle) was babysitting. I called 911 and reported it but there was nothing they would do, due to us being still married and no custody had been determined, and she was still on the lease. The next morning she quit her job, went to the local self help center and applied for legal aid and obtained a family violence protection order against me based on total lies. We had a hearing and I brought copies of her medical bills for the mental institution she has been to twice in the last month and a half, police reports where she has hit me as well as the ones of her making malicious reports to DFS and the Police. The Judge did not want to look at anything. He ordered her custody, and me to pay $100/month child support, and gave me 48 hours a week to see my son. She since has written 2 hot checks overdrafting my account -$700, (this is the same account I have my pay checks direct deposited to and they have taken 1 of my paychecks), turned off the internet, phone, and cell phone, taken the car, and basically every mode of transportation/communication I had as well as my money. I also caught her and have pictures of her driving around town making out with her ex-husband in the car. The thing is, when we had our son together, she was still married to the ex-husband and I was her boyfriend. I was at the hospital when he was born and signed his birth certificate but apparently from what I read, he is still the "Legal" father. I work but currently have no money due to the check writing my wife has been doing. I can't get legal aid because she got it first and it is a conflict of interest. I have copies of everything from bank records, checks she's written, text messages that she sent to my brother, ( I have the actual phone), journal of events that have transpired (such as when she dropped off my son to me at the police station with a huge bruise on his face from where a dog bit him), and I feel as if I'm under attack and have NO help. Everyone has been telling me what I and they can't do, and I know somewhere I have rights. If there is anything you or I can do, please let me know.
Answer:
First, let me say I am not licensed in Wyoming. My first recommendation is obtain an attorney if all possible. It sounds like there are several issues that need to be addressed. As for the custody of your son, why do you believe that you are not the legal father? I am not sure how the judge could order you to pay support and award you visitation if you were not. I agree that there may have been a presumption that your wife's first husband was the father but you should have overcome that by signing the birth certificate. You should first address and clarify this issue with the court. Next keep in mind that the current order is temporary. Exercise all of your time and pay your support. Build a case showing why it is in the child's best interest to be with you. Also gather evidence of mom's instability. As for the financial issues, if you have not already closed your joint accounts do so. Put any money you have in a separate account so that she cannot drain your accounts. I am not suggesting that you hide money but rather protect it until the court decides how your assets should be divided. Since the law does vary from state to state please also contact an attorney in your state for advice.
