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IMPORTANT!!! Question about custody issues

addisonsmom3794

Sep. 5, 2008 at 7:46 AM by addisonsmom3794
posted to The CafeMom Newcomers Club

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So as some of you know (if you don't and want full details see my journals) my husband has left my daughter and I for another woman and her son after knowing her for about 8 days.  I have nothing, nowhere to go...a male friend of mine has offered to allow us to stay with him at his beach house, rent free while I go to school starting Monday the 8th.  My parents say that I shouldn't do this (of course they aren't willing to help me) because they say that if I move in there my DH will use that against me in court since me living with my friend is easier to prove than him dating this girl and therefore he would be able to get custody of our DD. 

We live in New Hampshire if that matters or helps any.  But I am wondering if anyone knows if this is true, if I should not move in there and take him up on his offer to help us because I could lose my daughter or do my parents have no clue what they're talking about?

Thank you so much ladiesss!

 




 




 




 




 

Written by addisonsmom3794 on Sep. 5, 2008 at 7:46 AM Send addisonsmom3794 a message

Replies:


addisonsmom3794

by addisonsmom3794 on Sep. 5, 2008 at 7:49 AM

BUMP please ladies help me out here.

 




 




 




 




 

honey5

by honey5 on Sep. 5, 2008 at 7:50 AM

i would contact a lawyer and ask them, that is a tricky one. i wouldn't think he could gain soul custody because you are living with a male friend. as long as the child is cared for and healthy.

good luck

MrsTabangcura

by MrsTabangcura on Sep. 5, 2008 at 7:50 AM

OMG let him believe it. That is dumb and will carry no weight in court. As long as you have a roof over her head and providing food for her then he will not get sole custody, trust me! Do you both reside in the same school district? Or is she not in school yet? If so it is possible for joint custody like one week on and one week off. Or if you are in different districts then he would only get her on the weekends. It will be joint physical custody and joint legal custody though. I went through this full force for 2 years with my DH and his ex so if you have any questions I will try to help you out.

dommad2

by dommad2 on Sep. 5, 2008 at 7:51 AM

Bump, I have no idea but will continue to bump this until someone answers your question.

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Kimarlene74

by Kimarlene74 on Sep. 5, 2008 at 7:56 AM

Well, I would think that he would have to prove that your a bad mother, and just by moving in with a friend after he abandoned you and your daughter doesn't make you a bad mom.... you're doing what you have to do to keep a roof over your head.  Is he giving you any child support, or talking about full custody??   When my ex moved out he was giving me cash every week, but I was told by a few different  agencies that I called to go to the courts and file for custody, and child support. 

Teespot

by Teespot on Sep. 5, 2008 at 7:56 AM

last time I checked he left you and your child....that is called ABANDOMENT especially if he left you with no where to go. where you go with the child has no bearing on anything...you need to do what is good for your child and yourself....nobody is going to hold THAT against you...you have physical custody so he cannot tell you where you can live...never happens! Trust me....I have put several Women thru divorces in several States...I have a knack for this legal Stuff....you got him by the balls actually...he left you for another woman and her child....well then...mental anguish...abandoment...oh I could go on...lol

NikkiLee88

by NikkiLee88 on Sep. 5, 2008 at 8:01 AM

i am going through the same thing, my SO left me for another women but he never showed up for court so i did not have to fight as hard i got sole custody, and he admitted in a text that he was with someone else.  in my opinion i would make sure that u have separate bed rooms, if it comes up in court dont try to hide the fact that u are living with a man but make sure u tell them it is not a lover relationship, that he has offered to let u stay with him until u get back on u feet.  Good Luck Mommy!!

MrsTabangcura

by MrsTabangcura on Sep. 5, 2008 at 8:04 AM

Even if you were involved with someone it wouldn't matter as long as you aren't a bad parent. My DH's ex left him for another guy, had twins with him and was pregnant again during the court procedures and they still got joint custody. It's what is best for the kids. And that the parents are able to provide.

arbonnemick

by arbonnemick on Sep. 5, 2008 at 8:29 AM

call a lawyer.  many won't charge you for over-the -phone until you've become a client.

MarissasMommy20

by MarissasMommy20 on Sep. 5, 2008 at 8:32 AM

Taking this road does seem like the safest bet.

Is there anyway to report that you and your daughter were abondoned? how do people just leave their kids. that makes me freaking sick.

Dont worry, things will get better soon. Just hang in there and do what you got to do!

good luck momma

Quoting Brunette_Barbie:

Its completely true.  My ds's father is a domestic attorney and this will certainly be used against you.  You could fight all day long until your BLUE in the face that your just "friends" with the guy giving you the place to stay, but it screams "I"M HAVING AN AFFAIR TOO!".  Do NOT do it!  Get a job if you don't have one, find a place and start over.  I've done it twice and alone w/ no family to help and it can be done.  You can nail his balls (DH) to the wall if you keep your hands clean.  Act like your being followed and tape recorded at all times.  Play it safe. 



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