• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Impending divorce/custody questions

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

lr5487

Junior Member
What is the name of your state? Missouri
I am in the process of getting a divorce from my husband. As advised by both of our lawyers, we were living in the same house until he either refinanced or it sold. I wanted to split custody of our two kids, ages 15 and 5, 50/50, but all he wanted was visitation--every other weekend and every Weds. Obviously this was not an ideal situation, but we stuck it out thinking that it was in the best interest of the kids. I was willing to take less than 50% of the equity of the house just so he could afford to stay there. It was never an option for me to keep the house because I can't afford it.
Things escalated when he took my purse and ran out the door. I grabbed for it. He ran back inside and went into the bathroom. When he came out, he had scratches down one arm. He called the police, saying that he wanted to document what I had done to him. I don't think he wanted me arrested, but I was. I was out in about an hour after my parents posted bail. An hour and a half later, he brought them to me at my parents' house.
My lawyer is in the process of filing a temporary custody arrangement. In the meantime, he says to keep my children from him, saying that he could easily keep them from me. It goes against my better nature to keep them from him, but I'm afraid once he talks to his attorney, that's exactly what he will do. All I wanted to do is share custody and make things as easy as possible for my children. He is intent on making my life hell, apparently. Is there anything anyone can suggest that my lawyer has not told me? I would really appreciate it.
 


LdiJ

Senior Member
What is the name of your state? Missouri
I am in the process of getting a divorce from my husband. As advised by both of our lawyers, we were living in the same house until he either refinanced or it sold. I wanted to split custody of our two kids, ages 15 and 5, 50/50, but all he wanted was visitation--every other weekend and every Weds. Obviously this was not an ideal situation, but we stuck it out thinking that it was in the best interest of the kids. I was willing to take less than 50% of the equity of the house just so he could afford to stay there. It was never an option for me to keep the house because I can't afford it.
Things escalated when he took my purse and ran out the door. I grabbed for it. He ran back inside and went into the bathroom. When he came out, he had scratches down one arm. He called the police, saying that he wanted to document what I had done to him. I don't think he wanted me arrested, but I was. I was out in about an hour after my parents posted bail. An hour and a half later, he brought them to me at my parents' house.
My lawyer is in the process of filing a temporary custody arrangement. In the meantime, he says to keep my children from him, saying that he could easily keep them from me. It goes against my better nature to keep them from him, but I'm afraid once he talks to his attorney, that's exactly what he will do. All I wanted to do is share custody and make things as easy as possible for my children. He is intent on making my life hell, apparently. Is there anything anyone can suggest that my lawyer has not told me? I would really appreciate it.
Generally its best to follow your attorney's advice. However I would certainly push your attorney to get temporary custody order in place ASAP, so that it doesn't go on for long.
 

ProSeDadinMD

Senior Member
Either of you keepng the kids from the other will NOT go over well in court.

I'd question the integrity of any lawyer who told me to do something like that because the other party could do it. That's like saying "You should punch him, because he could punch you":rolleyes:
 
Last edited:

LdiJ

Senior Member
Either of you keepng the kids from the other will NOT go over well in court.

I'd question the integrity of any lawyer who told me to do something like that because the other party could do it. That's like saying "You should punch him, because he could punch you":rolleyes:

We all say that here, and its probably true at least 50% of the time. However, its not true all of the time, or a lot fewer people would do it. I know too many real world cases where it happened, and there were no reprecussions.
 

Mommy711

Member
Generally its best to follow your attorney's advice. However I would certainly push your attorney to get temporary custody order in place ASAP, so that it doesn't go on for long.
I agree, but I would also question any attorney who advised 2 people who were getting a divorce to live together.

Either of you keepng the kids from the other will NOT go over well in court.

I'd question the integrity of any lawyer who told me to do something like that because the other party could do it. That's like saying "You should punch him, because he could punch you":rolleyes:
It depends on the judge, and dad did bring the kids to you. He could have kept them then if he wanted to.

We all say that here, and its probably true at least 50% of the time. However, its not true all of the time, or a lot fewer people would do it. I know too many real world cases where it happened, and there were no reprecussions.
There are those times that the judge decides to make an example out of somebody. Perhaps dad won't ask to see the kids.
 

Ohiogal

Queen Bee
Generally its best to follow your attorney's advice. However I would certainly push your attorney to get temporary custody order in place ASAP, so that it doesn't go on for long.
I question this attorney's reasoning. Because here is the thing -- mom was arrested for DV. And if there is DV there is also most likely a CPO.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top