Can they force me?

[knockedonmybutt]

What is the name of your state (only U.S. law)? Texas

My husband and I had an arguement, and I left the house to run two errands, that he already knew I had to run. I didn't tell him where I was going (again) as he already knew what I needed to go do. He got mad and called his mother, who has been trying to get us apart for months now. They took our one month old baby, won't allow me to see him at all, and filed for divorce. I know for a fact it is not what he wants (even he said so) its what his mother wants... I do not want it, and I plan on fighting it for as long as I can... Is there any way that I can be forced in to it?

Also, what exactly is 3rd party inteference.. and can I use that to help me with the things his mother has done?

[Ronin]

The mother in law is irrelevant in this case. Legally this matter is only between you and your husband.

It appears the father took the child, filed for divorce, and will not allow you access to your one month old child.

If this is so, then you need to have an attorney promptly file for a hearing on temporary orders. There are ways for an attorney to expedite this hearing in Texas if necessary. The longer you allow the father to retain sole possession of the child, the stronger will be his position that he is the presumptive possessory conservator. If your child is only one month old, and unless there are any major issues with you as a parent, it is most likely you will be the possessory conservator, and your husband will be relegated to a visitation schedule.

Do your best to schedule an appointment with two or three local family law attorneys first thing Monday morning. Many offer free initial consultations. Avoid any that make you pay for an initial consultation and refund it if you retain them. After speaking with a couple of attorneys you will better understand where you stand and what needs to be done in your case.

If you do not nip this issue in the bud right away and assert your legal rights in this matter, it will only cause you more problems in the future.

[knockedonmybutt]

I spoke with the police last night, and they said that there is a way for me to get the baby back, so my best friend and her husband and I are driving out to do that today. [I am currently 5 hours away from where we live at my mothers house as I have another child I really don't want seeing any more of this than he already has] And I already planned on Monday to try to get someone, but his family has a lot of money, and mine simply does not. I don't have anyone that can help me pay for all this, and his mother has already written a check!
My big thing is, I do not want this divorce, and we all know that the only reason hes doing this is because hes been talked in to it by his mother.. I want to know if there is some way that I can request therpy or something first, and if after that he still wants it, we'll talk... I just am not ready to give up on this. We got married March 11th of this year! And had our baby March 26th, I know.. sounds and looks bad, long story on that one.. But everything was just fine even an hour before it all happened... There were no signs of any of this crap happening..... I'm so confused right now, sorry if I rambled...

[CourtClerk]

Look,

Whatever the reason, your husband doesn't want to be married anymore. Also, I hope you aren't planning on going down there and do something stupid to get this child back from his father.... dad has just as much right to the child as you do, and a judge is not going to be amused when they hire an attorney and start telling the judge about the baby shenanigans.

It's probably best for you not to get your legal advice from a police officer.

[LdiJ]

Originally Posted by CourtClerk

Look,

Whatever the reason, your husband doesn't want to be married anymore. Also, I hope you aren't planning on going down there and do something stupid to get this child back from his father.... dad has just as much right to the child as you do, and a judge is not going to be amused when they hire an attorney and start telling the judge about the baby shenanigans.

It's probably best for you not to get your legal advice from a police officer.

Dad started the shenanigans. Mom has every right to try to get the child back. Actually dad's mother started the shenanigans and she needs a major comeuppance.

[Blue Meanie]

Originally Posted by knockedonmybutt

What is the name of your state (only U.S. law)? Texas

My husband and I had an arguement, and I left the house to run two errands, that he already knew I had to run. I didn't tell him where I was going (again) as he already knew what I needed to go do. He got mad and called his mother, who has been trying to get us apart for months now. They took our one month old baby, won't allow me to see him at all, and filed for divorce. I know for a fact it is not what he wants (even he said so) its what his mother wants... I do not want it, and I plan on fighting it for as long as I can... Is there any way that I can be forced in to it?

Also, what exactly is 3rd party inteference.. and can I use that to help me with the things his mother has done?

What were the "errands" you had to run? Why did this cause such discord between you and your husband? And what is :

I spoke with the police last night, and they said that there is a way for me to get the baby back,

What are you planning to do??

[mistoffolees]

Originally Posted by LdiJ

Dad started the shenanigans. Mom has every right to try to get the child back. Actually dad's mother started the shenanigans and she needs a major comeuppance.

That's true - but escalating the nonsense isn't likely to be as effective as appearing in court on Monday morning for an emergency hearing to tell the judge that hubby and his mother took a 1 month old child and won't let mother see the child.

Unless there is a reason to believe the child is in danger, dealing with it through the legal system is probably the better solution than taking it into their own hands. At BEST, the infant will see the adults screaming and yelling at each other. Worse, it could be caught in a tug of war. Worst case is that people get killed in situations like this.

[knockedonmybutt]

The errands I had to run were dropping off a Rx for the baby at CVS, picking up my three year olds meds at CVS as I had taken him to the dr that morning, and going to the bank to change my last name on my bank account to my married name and seeing if they would fix a problem with my account. Something happened with it while my husband and I were in the hospital for 4 days with the baby. He already knew that I needed to go do those things, I had already told him about three times in one conversation. He got mad because I didn't tell him when I left where I was going.... I HAD ALREADY TOLD HIM and he had just been getting pissed off at me and telling me he didn't want to hear what I had to say... What was I supposed to think??

What the police said was that I could come back out there and they would go over to her house with me so that I could see my baby. There were other things they said we could do, but when I went to the police station where SHE lives to have one of them go with us, they wouldn't do it. So here I sit, without my baby.. My other son is falling apart, can't figure out why his daddy and baby brother are gone, has one of the baby's blankets and won't let anyone touch it, keeps telling people "this is my baby brothers blanket"

I have to go back out there for a dr appt and I talked to my landlord about whats going on, see we couldn't afford daycare for both kids, so I stay home with the kids and don't have a job. Plus I just had a baby a month ago, ya know? So I cannot pay the rent on my own, so I called him and told him whats going on. Hes going to work with me. So at least I have that...

The only other thing I can do right now is call CPS and tell them whats going on, though there is nothing they can do because the one thing I do KNOW is that my baby is being well taken care of... And work with the police to try to get him to go to the station [WITHOUT the mother!] so I can see my son, and of course try to find an attny that with help someone who has no money at all..

Side note: The police knew her by name when I told them who she is because they've had problems with her...... Pathetic for a very busy man with a million things on his plate and shorthanded on a busy sat night to remember her just by her last name because of problems shes caused... Maybe that will help me??? I don't know..

[mistoffolees]

Originally Posted by knockedonmybutt

the one thing I do KNOW is that my baby is being well taken care of...

Then you start worrying about the future and not focusing on this second. Monday morning, you see an attorney, file an emergency motion for visitation or custody. Since the baby is safe, waiting a day or two is likely to be less problem than going over there and creating a fight.

[knockedonmybutt]

Back to one of the first questions I had...

I do not want a divorce. I know half of you are going to think I'm retarded or not worth helping, but I know he doesn't want this. He flat out said it, then she walked in, or he walked in, and once she found out who he was on the phone with all hell broke loose and well.. yeah. He said he didn't want this either, but money has already been put down so hes stuck...

Can I be forced in to this? What can I do to fight it? How much fighting can I do on it? I want him to go to counseling with me, will the court help with this? Is there any way to make something like that happen?

[Proserpina]

If he wants that divorce, he's going to get it eventually whether or not you agree, or like it.

Sorry, but you can only stall for so long - and stalling won't get you anywhere in the long run. If his mother has that kind of influence over him, you really need to ask yourself if you want to remain in a relationship where she comes first, you know?

[knockedonmybutt]

Okay, I understand that if he keeps pushing with it it'll happen one way or another, but is there a way I can get the two of us to go to some kind of counseling FIRST?

[CourtClerk]

Originally Posted by knockedonmybutt

Okay, I understand that if he keeps pushing with it it'll happen one way or another, but is there a way I can get the two of us to go to some kind of counseling FIRST?

If he doesn't want to go, you (or anyone else) can't force him. Let the man alone already. Counseling will not fix him if you married a momma's boy. Next time, marry a man.

[>Charlotte<]

His mother cannot force him to get a divorce. She may be able to talk him into it, but she can't force him. What he wants--or says he wants--doesn't matter. All that matters is what he does. He, and he alone, is in charge of what he does.

You cannot stop him from proceeding with the divorce and you cannot force him to go to counseling.

The only thing you have the power to do right now is protect your rights as a parent, which has already been outlined for you in this thread. Saying you don't want the divorce, trying to get into counseling, or talking about what a terrible person your mother-in-law is does nothing to accomplish that.

Prepare for the worst, hope for the best.

[kimberlywrites]

Originally Posted by CourtClerk

If he doesn't want to go, you (or anyone else) can't force him. Let the man alone already. Counseling will not fix him if you married a momma's boy. Next time, marry a man.

I could not refrain from commenting:HELL YEAH! This is true. You are in a losing battle with a momma's boy. I did it for 10 years.
Now back to your regularly scheduled posting.