Wife and I are currently separated

[JonasQuin]

My wife is living in ID and I'm in NV

I had made a pass at my wife's sister in a moment of personel weekness. With no chance of trying to work anything out I was told to leave. My wife and I have a 3 year son. She is living with her parents in ID and I'm living with my mother in NV. She is not alowing me to have any my son for any pireod of time other than aranged visatation, (only a few hours at a park or somthign of that nature). She clames that the reson is that she is afrade i will harm our son. I have done nothing in my life that anyone could ever inturpret as phiscal harm to anyone. I have had an addiction to adult content that i am now currently seeking councleing for. Does my wife have the legal right to keep him from me, and if not what can I do to get joint custody of him?

 

[DAD10]

Take the time you spend on your addiction- and substitute that time and energy on your wife.
**not legal advice, just a friendly suggestion

 

[JonasQuin]

That is what I plan on doing. I have no disire for the addiction any more I am simply seeking the counseling for the perpus of proving that I will do anything to make it work.

 

[DAD10]

Excellent logic-I wish you all the best. Sharing time- been there done it and I wish I could take it back. Again all the best to you and your family
**not legal advice- just a last tidbit of friendly advice.

 

[ecmst12]

You could also, if it's been less then 6 months, file in court to order your wife to return your child to the state of residence (yours) and emergency custody since she has shown an unwillingness to facilitate your relationship with your child. She does NOT have the right to unilaterally decide to move the child out of state and prevent you from seeing him. You don't need to file for divorce in order to go to court for custody.

However if she's been living out of state with the child for 6 months or more, then by inaction you consented to the move, and the new state is now the state of residence (for the child) and will have jursdiction on all custody matters.

 

[stealth2]

You could also, if it's been less then 6 months, file in court to order your wife to return your child to the state of residence (yours) and emergency custody since she has shown an unwillingness to facilitate your relationship with your child. She does NOT have the right to unilaterally decide to move the child out of state and prevent you from seeing him. You don't need to file for divorce in order to go to court for custody.

However if she's been living out of state with the child for 6 months or more, then by inaction you consented to the move, and the new state is now the state of residence (for the child) and will have jursdiction on all custody matters.

Do we actually KNOW that his state is the state of residence? He has not indicated (unless I missed it - always possible!) who moved. They may both have.

 

[JonasQuin]

My wife and I had moved to ID thanksgiving day 2009. She has gotten her driver licance changed but I have not, both our cars are still registed in NV but our insurance is ID. I want joint custody of my son but I do not want to up set her to much because I do want to fix our relationship. Also I should be moving back to ID in a month or so.

 

[DAD10]

As long as you have communication with your wife-there is always hope-its when the communication ends and attorney's get involved-then you just don't
have a clue

 

[JonasQuin]

What does it take to be considered a state resident? And what about moving from one state to another and back to your origanal state in less than 6 months?

 

[futuredust]

To file an action for divorce or custody in Idaho, one must be a resident for 6 weeks immediately preceding the filing. Idaho does have a self help website where you can find instructions as well as some forms.

http://www.courtselfhelp.idaho.gov/

 

[LdiJ]

My wife is living in ID and I'm in NV

I had made a pass at my wife's sister in a moment of personel weekness. With no chance of trying to work anything out I was told to leave. My wife and I have a 3 year son. She is living with her parents in ID and I'm living with my mother in NV. She is not alowing me to have any my son for any pireod of time other than aranged visatation, (only a few hours at a park or somthign of that nature). She clames that the reson is that she is afrade i will harm our son. I have done nothing in my life that anyone could ever inturpret as phiscal harm to anyone. I have had an addiction to adult content that i am now currently seeking councleing for. Does my wife have the legal right to keep him from me, and if not what can I do to get joint custody of him?

Dude...that's going to be a really hard one to fix. Not only was that one of the worst things that you could have done, but you also left the state.

Of course she isn't going to let you have the child alone...at least not until there are enforceable court orders.

If I were you, I would try to find a job and a place to live in ID.