divorce gone ugly
By mkmissey76
@mkmissey76 (498)
United States
January 21, 2007 2:55pm CST
ok need some advise on how to advse my sister. she just moved her from ky the day after christmas with her little girl. she is getting a divorce . well at frist her husband was upset and hurt but now he is just being plan mean about it all. she didnt leave him for another man she left because she tried to make it work and was still unhappy..
he has had her for two weeks as of today she was soposed to go and pick her up today and he called and said tomarrow now. well she was soposed to be back last week and he put it off.
our mother, who lives in ky and been incontact with him says that if he can get a house fast enough he is going to take her away.
Why would he be doing this. i cant see why if someone wants to leave dont manipulate them and threaten them to try and get them to stay.
what should she do
We just printed the seperation papers and just know he is going to give her a problem with signing them...
10 people like this
43 responses
@elementalcure (303)
• United States
21 Jan 07
I would suggest seekings counsel from a lawyer ASAP. I am sure a judge could give an order to make the process go faster and award custody, in the best interest of the child.
@mkmissey76 (498)
• United States
21 Jan 07
my sister isnt finalcially able to obtain a lawyer right now,. if it was going to be an uncontested marriage she was going to do it herself . she wants to be able to give him joint custody but not if he is going to do all this.
he is a driver for harness racing and is never in one spot a long time (hince why she wasnt happy) but his parents have money for lawyers.
3 people like this
@dragonstar13 (1465)
• United States
21 Jan 07
Get an attorney right away and find out what her rights are. She may have broken the law if she took the child out of state. If she left the child with the father, then it may be considered abandonment. Laws regarding divorce and child custody can be very tricky and doing what is right and honorable is not always the best thing in legal terms.
For example, my daughter's boyfriend has a child from a previous relationship. The mother refused to let him have any contact with the child. He called the police and all they could do was a "welfare check." They went to the house and asked to see the child. The grandmother said the mother and child did live there but were not home at the time. The police informed him the child was ok and there was nothing more he could do.
It turns out the mother had moved out of state with the child and her new boyfriend for the express purpose of hiding the child. This was kidnapping. Unfortunately, because he did not know his rights, the father did not pursue charges and the mother was able to establish residency in the other state. Within six months she had filed to terminate his parental rights.
It gets ugly and you need professional advice to navigate all the pitfalls.
Good luck to you and your sister.
4 people like this
@dragonstar13 (1465)
• United States
22 Jan 07
Check with your state and county to see if they have legal aid service for low income. Sometimes it is called law project or pro bono project. Also, you might contact your local welfare office to see if your sister can talk to a crisis social worker, they might be able to give her a list of resources and phone numbers.
3 people like this
@mkmissey76 (498)
• United States
21 Jan 07
when she came up her after christmas he knew she was comming here and he is moving in feburary to chicago ill so he didnt argue about that.
in ky she has to be legally seperated from him for either 60- or 90 i forgot we looked it up on a site for kentucky laws. but he is going to not sign the papers to put it off longer.
there is so much to this story'
i will have more questions
2 people like this
@classy56 (2880)
• United States
21 Jan 07
frist thing she needs to do is go get a restraining order against him.im from ky buti live in ind,now. so i do know some of the laws.someone need to go were she is an see if she is alright if she is with him now or have a policeman go see.call the police an tell them whats going on.
@mkmissey76 (498)
• United States
23 Jan 07
she does not want to go about it the ugly way.
she went and picked her up today
@HighPriestess (739)
• Melbourne, Florida
21 Jan 07
It's going to be ugly for at least a little while. He doesn't want to loose his child. He doesn't want to be a weekend dad. Your sister is going to have to learn how to be friends with him. I had to leave my daughters father. And it was really ugly for about 6 months. But once he realized that I had no intentions of keeping him away from his child, we learned how to be friends. We have found that we are great co-parents, even if we can't stand to be in the same room with each other for too long.
4 people like this
@mkmissey76 (498)
• United States
21 Jan 07
thats just it though while she has beent here she has been with his parents becasue he is at the stables tending to the horses and he also has a 12 year old son that he did not have anythign to do with until my sister came in to his life 6 years ago. . she is trying to be friends with him but he is yelling and calling bad names andshe has not done anything wrong.
1 person likes this
@hionmentho (245)
• United States
22 Jan 07
Try going to court and file charges against him "conspring to kidnapp", if you chose that, play the tape message if you can get it. Then tell a judge your sister wants full custody, and because she is not financially able to pay the lawyer, request he pays for court costs. Good Luck with whatever you do!
2 people like this
@rogue13xmen13 (14402)
• United States
22 Jan 07
Get her a job and help her get back on her feet. Do not let her become a victim of her mistakes.
@kawillow74 (1416)
• United States
22 Jan 07
i was reading over some of the respouses and if she can't afford a lawyer she could have a tuff time. and if he is playing mean he might say she just took off and left her which will make it real hard she is going to have to find away to get some help for a lawyer. good luck
@mkmissey76 (498)
• United States
23 Jan 07
we kinda thought thats what he was gonna do but he is moving to chicago in a few months. it wasnt like he was trying to keep her he just kept putting it off..
shes back now :)
@celtic_angel (91)
• United States
22 Jan 07
Divorce with kids involved can be so messy. The games people start playing and using the kids in the middle is so ridiculous and so horrible for the kids. I've been a step-mom and I saw what it did to the kids. If he is not abusive, then he has every right to see his daughter but living in seperate states will make that very difficult. It is possible the court could order them to live in the same state. Your sister needs an attorney and a good one. One who is well versed in custody issues. She needs to get the child back with her or else he will have more pull on getting custody, saying she abandoned the child. She needs to get temporary custody orders ASAP to establish custody for herself. She will also want to get established as much as possible to show she can support the child. If he has a job and place, and your sister does not, they will look more favorably on him. But in any case, this is what she needs the lawyer for... to advise her and to help her. She might also look into a local Woman's Center.
1 person likes this
@minerc (1373)
• United States
22 Jan 07
She can get an Injuction against him if he is being abusive, verbally or physically. Just go to the Local Court House, it usually cost 50 doallars, maybe less. They also have programs that she might qualify for to get an attorney for low or no income women, they will help her. It is great if they could be friends, She needs to get the injuction if nothing more than to obtain custody or the child can be pulled back and forths. Good Luck
1 person likes this
@marief2rnurse (2704)
• United States
22 Jan 07
For people who love to make mad people madder, I guess being pushy will only push them more to iritate you. Do the opposite and maybe they will work with you on this. Goodluck.
1 person likes this
@Kelly1818 (14)
• United States
22 Jan 07
The best i can say is that you need to go find a great lawyer and when she gets the baby back...dont give her back him him. I think he is doing this because he is still hurt. He is scared.. and he doesn't relize that he isn't just hurting your sister but his daughter as well...so your best bet is to find a lawyer....a GREAT lawyer.
1 person likes this
@missybal (4490)
• United States
22 Jan 07
Not much she can do but to get a lawyer and fight. This sort of thing happens a lot in divorce and it is terrible that the children are the thing they have a tug a war with. The courts are going to have to deal it and if he wants to be mean about it it can mean lots of court appointments for the years to come.
1 person likes this
@aryangentleman (1122)
• India
22 Jan 07
Divorce are never suppose to be very happy event and as your'ssister is not leaving him for another man so I guess her husband is full of frustation and very much confuse about the whole thing.I think attorneyis the only answer so he can understand the reality of it and some one here has said that its best to be a friend to her husband for future sake, I will suggest the same thing and one has to learn and adpat with the new situation.
@ronita34 (3922)
• Canada
22 Jan 07
Well if i were here i would immediately apply for custody of the little girl and tell her to keep in mind that almost every judge will look at the childs mother first. Tell her that without custody he by law can keep her without any say on her part. She must file for custody immediately and even if he detests the divorce he cant stay married to her because he wants to that ain't allowed. Best wishes and tell her good luck. God Bless!!
@gm240359 (43)
• India
22 Jan 07
Don't be in two minds - most people do this after walking out from the married life. You and your sister should conduct a Strength-Weakness-Oppurtunity-Threat Analysis (SWOT analysis) with the help of an expert counsellor. Thereafter, if the conclusion goes in favor of separation, divorce and child custody, your sister should go full speed ahead with those. And if, the analysis goes against divorce because of financial problems, legal problems and others, she should consider reconcilliation. There is nothing more to it.
@Coqui1219 (37)
• United States
22 Jan 07
GET YOUR SISTER A LAWYER!!!!!!! She needs to protect herself and her daughter.
1 person likes this