jamesnjo10
Junior Member
What is the name of your state? Washington
I am seeking advice for my son. His wife left him on December 22nd and is staying with her mother. The reasons she gives for leaving are indistinct and confused and at this time her mood and rationality vary from day to day. But as time goes by it gets more clear that she does not intend to go back to him. They're very young. There's a child; a five month old boy. She has made comments to my son that if she decides to divorce she'll request 100% custody. My son doesn't want a divorce. He believes she is going through a temporary psychological crises (she's taking prescribed anti-depressants) and that in time the crises will pass. But in the mean time he's worried that she might take legal action. He is also worried about the welfare of the child due to the fact that the living conditions at his wife's mother's home is unstable. The mother-in-law has a drinking problem and is also currently under threat of eviction. He is also concerned that money he's given to them for support of his child is going for other things. My question is whether my son need take any kind of preemptory legal action in order to keep from losing custody of his son or to position himself better in the event of a court battle. I've heard that the first to file for divorce is in the weaker position. Is that true? And if it is true does that also pertain to custody issues?
I am seeking advice for my son. His wife left him on December 22nd and is staying with her mother. The reasons she gives for leaving are indistinct and confused and at this time her mood and rationality vary from day to day. But as time goes by it gets more clear that she does not intend to go back to him. They're very young. There's a child; a five month old boy. She has made comments to my son that if she decides to divorce she'll request 100% custody. My son doesn't want a divorce. He believes she is going through a temporary psychological crises (she's taking prescribed anti-depressants) and that in time the crises will pass. But in the mean time he's worried that she might take legal action. He is also worried about the welfare of the child due to the fact that the living conditions at his wife's mother's home is unstable. The mother-in-law has a drinking problem and is also currently under threat of eviction. He is also concerned that money he's given to them for support of his child is going for other things. My question is whether my son need take any kind of preemptory legal action in order to keep from losing custody of his son or to position himself better in the event of a court battle. I've heard that the first to file for divorce is in the weaker position. Is that true? And if it is true does that also pertain to custody issues?
