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Old 07-16-2007, 02:12 PM
Junior Member
 
Join Date: Jul 2007
Posts: 11

CO Divorce/Custody Situation - Need Advice...


I am in Colorado, and going through a divorce/custody battle...

We have a 2 year old daughter.

We agreed to seperate about 6 months ago, and she moved out about 3 months ago. When we seperated, we agreed that I would have our daughter Wednesday night through Saturday night. We intended to keep this schedule, even after our divorce was final. I also agreed to pay $215 toward our daughter's daycare until the child support papers and everything were finalized and fifferent numbers were drawn up.

Shortly thereafter, when we were filing our divorce paperwork, she proceeded to try and change all of the agreements we made on her paperwork. She is trying to demand ridiculous points of contention. I want to be prepared when we go the mediation session (neither of us can afford an attorney) that we will now have to go to since she has changed her mind about everything.

Here are some of our specifics, which I have questions about...

1) My daughter is perfectly safe and is a gem when she is with me. My ex keeps saying that she is having "catatonic tantrums" every sunday when they get home from church. Supposedly, she will cry and my ex is afraid that she will hurt herself (she is only 2)!!!!! It seems to me that something is not right - either at her mom's house or at the church. She never has had any kind of episode while with me. She has normal temper tantrums, but she is 2....My ex says it is very serious, and as a result, our daughter should spend more time at her house than at mine, regardless of our separation agreement.

2) Since my wife is now asking for 5 nights per week with our daughter, I have decided to ask for the same thing. My wife moved into a 1 bedroom apartment. My daughter does not have her own bedroom there. NOR DOES SHE EVEN HAVE A BED, even though I have given her ample time to get one for her. Can I use this fact in my favor in mediation or court? Even though our daughter is not sick as a direct result of not having a bed, that is still not a good environment for a 2 year old. She sleeps on the foor.... Can I do anything legally?????

3) My wife is a very religious and devout christian. I have no problem with that or with my daughter being in that environment. However, my ex is trying to claim $400 tithings as an expense on her child support documents. This infuriates me because she is paying $400 to her church every month, but my daughter doesnt have a bed!!!!!! Can she actually claim that as an expense? Will a judge actually take that into consideration shen looking at our case????? It is not my fault nor is it my daughters fault that she chooses to squander money away at church.....

4) My ex was in a mental institution for 18 months. Can I somehow obtain record of this? Is that legal for me to bring up at the custody hearing/mediation? Sometimes, I do not feel comfortable with my daughter staying alone with her... She is bi-polar and manic depressive. How do I use this to get 5 days a week or full custody of my daughter???

I am really scared that the court is going to give my wife what she wants, purely because she is the mother..... Can that happen??? What can I do????

PlEASE HELP ME!!!!
  #2  
Old 07-16-2007, 02:54 PM
Senior Member
 
Join Date: Dec 2005
Location: Ohio
Posts: 31,738
Double Post. Also Under Custody/visitation.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
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