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Nov 29
1999
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Ask a Lawyer: Do I have a good case?Posted by: Dads Divorce on Nov 29, 1999 |
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Question:
I've already read your book, Civil War, and am grateful to have the resource at my hands. I'd much rather head into a possible custody battle filled with knowledge then be caught unawares at every turn. My wife moved out over a year ago; she'd been cheating for 2 years with multiple guys and moved right in with her current boyfriend. She agreed to give me custody, but she's remained active in their lives. Up until a month or two ago, she'd come to my house in the mornings and get the kids to school, then get them off the bus several days a week (about 3 out of 5 days). She also takes them every Thursday night and every other saturday night. She works nights, and did during the marriage, so I have always and continue to be a very active parent. Further, I have Wednesday's off and get both kids to and from school; and my schedule would allow for me to get them to and from school every day, should I need to. Neither of us has filed for divorce; we have used an online site to prepare all the paperwork together, but I left it up to her to do the work because I hadn't wanted the divorce. I went on faith and trust that our agreement, as far as custody, would be honored by her (and believe me, I now know what a terrible mistake that might turn out to have been). Now, without telling me she was doing it, she hired a lawyer and is seeking custody. I've hired a lawyer and he thinks we have a very good chance to retain custody, but I continue to hear horror story after horror story about judges unilaterally deciding "the children should be with their mothers." I have tried to work with her and would like to continue to do so, but she continues to ambush me and NOT communicate. If this goes to court, could she get the kids? And if she did, could he order child support even though she lives with a guy who make at least as much as I do? Or if she got custody, could I insist they NOT live in the same house as her boyfriend? I know that's more than one question and I'm sorry; I'd be content with just hearing how good my case is. Thank you,
Answer:
Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Rhode Island. You sound like you have a good case for custody. In general her boyfriend's income is of no concern to the Court. If she were to get custody, his income would not impact the amount of child support ordered for you to pay. Yes you can request that she not cohabitate with her boyfriend or have any opposite sex member spend the night when she has the kids. Some courts are more likely than others to enforce what is sometimes called a "morals clause". Make sure you talk to your attorney about if your judge will do so.











