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Can I get full custody?

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xoplex

Junior Member
What is the name of your state? I live in NJ and my wife lives in Pa.

We have been separated for 3 years (still legally married). My wife had an affair with a married man; we separated and shortly after his wife found out and filed for divorce. Once his wife moved out my wife moved into his home and they have been living together ever since. He is still going through a long drag out court battle, because there is a lot of money and a business involved. His future X would greatly benefit with this information, unfortunately I have no way of contacting her.

We have a court agreement, granting us both joint custody of my two children (8 and 9); she has 4 older children by another marriage. The agreement states that we have joint custody with the children’s primary residence are with the mother and I get my boys every weekend.

Child and youth have been called to their home on at least 3 occasions, for child neglect. Each time C and Y came to the house nothing was ever done about it. She really doesn't want the kids but she doesn't want me to have custody more. I get the boys every weekend and speak to them every night on the phone. If I call her and tell her that I can't take the kids on a particular weekend she flips out. I drive both ways to get my children each weekend. I had car trouble a few weekends ago, I told her I couldn't get them and she threw her usual fit and her BF ended up driving them to me. She is too busy on weekends to be bothered by her kids.

I just found out she is pregnant, (my youngest just told me) and I found out it is true, through a mutual friend. I am so afraid that since she already doesn't pay much attention to my kids, once this child is born, she will have no time for them at all. Unfortunately I have no proof of the neglect. They have many people that will swear to any lie that they create. That is also why children and youth have never done anything. An example would be; they went away for a few days during the week and left the kids home alone. Some one had found out and C and Y were called. When they came to investigate she had an employee state that she was staying at the house watching them. The children also lied so that their mom wouldn’t get in trouble. Both boys have told me many times that they would rather live with me then their mom. And also when my youngest told me about the pregnancy I asked him how he felt and he told me he wasn’t happy about it at all, that his mom will spend too much time with the baby and not him.

I feel so helpless any advice would be deeply appreciated.

Thanks for you time,
Xo
 


LdiJ

Senior Member
You honestly don't have much basis for a custody change. There has to be a "significant change in circumstance" for you to have any real shot at it. Judges also rarely grant sole or full custody to either parent these days. Its usually some form of joint.

Child and Youth hasn't found her to be neglectful....and that is really all that you have.

However, go get a consult with an attorney in the area that has jurisdiction. I don't think that the fact that she is pregnant again would count as a significant change in circumstance, but a local attorney will better know how the local judges view things.
 

JBMD

Member
If they are still legally married ... wouldn't that make OP the legal father???? Just curious ... maybe he can use that as leverage:rolleyes:
 

moburkes

Senior Member
If they are still legally married ... wouldn't that make OP the legal father???? Just curious ... maybe he can use that as leverage:rolleyes:
You beat me. That's my question exactly. Maybe that could be grounds for some sort of compromise...
 

nextwife

Senior Member
Child and youth have been called to their home on at least 3 occasions, for child neglect.
That seems like a reason to go for custody.

And you'd better contest paternity because you will end up the legal daddy of her new baby.
 

xoplex

Junior Member
Thank you all for your replies, I also thought of another question. At what age would Pa allow the children to make up their own minds on who they want to live with?

Thanks Again!
Xo
 

Ohiogal

Queen Bee
Thank you all for your replies, I also thought of another question. At what age would Pa allow the children to make up their own minds on who they want to live with?

Thanks Again!
Xo
EVERYONE asks this. Do a search. The age is 18 -- when the child is NO LONGER A CHILD!
 

xoplex

Junior Member
Update

Divorce was finally in Janurary of 07. Baby was born and as suspected my kids are being ignored.

New situation.
Every weekend my kids complain to me that their 16 yr old step brother keeps hitting them and hurting them. I had spoken with the ex about this and was told that my kids are exaggerating. Well this past weekend, while picking up my boys, I witnessed the 16 yr old punching my 10 yr old in the chest. The X did absolutly nothing, untill I confronted him myself.

X and I ended up arguing over it, and I was asked to leave. On the trip back to my home, my son that was hit cried and told me it happens everyday.

What can I do to stop this?

Thank you again for your time,
XO
 

Ohiogal

Queen Bee
Divorce was finally in Janurary of 07. Baby was born and as suspected my kids are being ignored.

New situation.
Every weekend my kids complain to me that their 16 yr old step brother keeps hitting them and hurting them. I had spoken with the ex about this and was told that my kids are exaggerating. Well this past weekend, while picking up my boys, I witnessed the 16 yr old punching my 10 yr old in the chest. The X did absolutly nothing, untill I confronted him myself.

X and I ended up arguing over it, and I was asked to leave. On the trip back to my home, my son that was hit cried and told me it happens everyday.

What can I do to stop this?

Thank you again for your time,
XO
How about call the police and file battery charges against the 16 year old? He has no right to put his hands on another person. How about filing for a restraining order on behalf of your son? Of course if you have returned him to the house and you call Children and Youth YOU are just as much to blame as your ex. YOU saw him be abused and FAILED TO PROTECT. So don't even try that card.
 

xoplex

Junior Member
The boys are still at my house, I have them for this week in lew of xmas. I haven't failed to do anything. I am asking if there is anything I can do. I don't want to return them home, but I didn't think I had a choice, brothers fight all the time. I wasn't sure if anything could be done. That's why I posted the update and asked the question.

Thanks,
Xo
 
Last edited:

Ohiogal

Queen Bee
The boys are still at my house, I have them for this week in lew of xmas. I haven't failed to do anything. I am asking if there is anything I can do. I don't want to return them home, but I didn't think I had a choice, brothers fight all the time. I wasn't sure if anything could be done. That's why I posted the update and asked the question.

Thanks,
Xo
And now I have told you what to do. GO TO COURT AND FILE ON BEHALF OF YOUR SON A RESTRAINING ORDER. the sixteen year old is NOT the ten year old's brother. AND even if he was children are NOT allowed to assault or commit battery against each other either.
 

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