Stay at home dad wants primary custody

[mustang1024]

What is the name of your state?VT
Well here is my very compilcated situation: I am on disability and have been since 2001 march. I work 50 hours out of the whole year installing/fixing computer s. ITs very part time. SSDI doesnt even consider it working.My wife filled out her form saying its my place of employment what a joke. I am on disability from ss and an past employers disability payment. My wife works full time 8 am to 5:30 pm and spends a few overnights during the year 4 or 5. I do everything at home cleaning cooking prviding transportation for the kids coaching my sons team i pay alll the bills do all the household maint. about 95 5 of the work. She works comes home eats and goes to bed or talks with the kids.
I am the primary care giver. She filed for divorce 3 weeks ago and she also filed a temporary relief order .She says she is the primary care giver ? go figure that one? She wants me out of the house and give her the primary custody of the kids and the home and a spousal support payment.She also under stated her income and over stated mine by 15 - 20 % . Shesaid she is sleeping on the floor and she isnt she has a brand new sofa bed. All her pay has been going into her private bank account for the past 5 years. She allows me to take only 500$ to pay the bills which I pay all my money to.

Any way my I want the home and am willing to buy her out I have the cash to do so. I just want her to be out on her own. She wants me out! any way we go to court on the tempory order may 16. I hope I can win. What would stop me from winning anyone have any ideas?
What would the judge need to have to make his desicion to make her leave ?Also I can have My doctor wants to provide information saying it would be bad for me to have to leave and be alone in an apartment.

I am really scared to have to leave it would cause my disailbity to really flare up .
My lawyer submitted a responce saying I am the primary care giver Any input positive or negitive would be apprecited.
Thanks!

[dallas702]

Typical claims by the petitioner.

If you were not abusive or a molester, you should be considered the primary caregiver. The court will tell you they are gender-neutral in these cases. OK....see how they work.

If she has already filed, respond and answer that YOU are, in fact, the primary caregiver, and then explain why. Family services might have a method for assisting you. In NO WAY should you vacate the home. Once you do that you have lost 3/4 of the battle. But, you must get to the court immediately to get proper relief from her aggressive attempt to displace you.

If you have ANY money, get an attorney right away. Even if you don't, call the courthouse and find the proper agency to help you. You may be a father, but you have every right of a woman in these circumtances. Search for local support from an ERDF chapter or one of the other "father's rights" groups. They have attorneys all over the country who work with them.

Whatever you do, do it TODAY!

The only thing that will stop you from winning in court (5/16) is if you don't convince the judge of your position. Take all your documentation with you regarding your disability, income, anything that verifies your daily activities of childcare-giving (how old are the kids, who takes them to and from school and other activities, who prepares their meals, etc.). You shouldn't have to prove it, but you are a male and it's not traditional. So, gather up everything you can to bolster your case. This is where an attorney can be very important...even if yoou think you can't afford it.

If she has an attorney, find out how that person "rates" against others in family court. Get one that's better. This is the beginning of a big, long battle for yoou....but it's one you don't want to lose.