My ex's parents insist on staying over

[Bulldog1]

ldj, exclusive possesion of a marital home can only be granted in divorce court (so i was told), I am currently battling my stbx in family court.

 

[Isis1]

Stbx is only allowing me to bring my daughter out for the day. She refuses to allow her to stay overnights at my parents home. There is no court order stating I can not. If I do this and she shows up at my parents home can she be arrested for trespassing?

only if she refuses to leave.

look, maybe i missed it, Dog, but when's your court date?

 

[Zigner]

ldj, exclusive possesion of a marital home can only be granted in divorce court (so i was told), I am currently battling my stbx in family court.

If she's your "stbx" then you need to be in divorce court. Otherwise, she's simply your wife.

 

[Bulldog1]

only if she refuses to leave.

look, maybe i missed it, Dog, but when's your court date?

My next family court hearing is on 5/13

 

[Isis1]

My next family court hearing is on 5/13

so this only will concern custody and not divorce?

 

[Bulldog1]

If she's your "stbx" then you need to be in divorce court. Otherwise, she's simply your wife.

Then what would happen to my existing custody case in family court? Would I have to start from scratch or would the litigation be transferred to divorce court and with a different judge?

 

[Bulldog1]

so this only will concern custody and not divorce?

Yes. However, my attorney told me today that the other party will soon file for divorce. So this will most likely end up in divorce court

 

[Zigner]

I think you need an attorney - really.

 

[Zigner]

Yes. However, my attorney told me today that the other party will soon file for divorce. So this will most likely end up in divorce court

You should not be talking to us. You should be discussing your concerns with your attorney.

 

[sandyclaus]

Am I within my rights to take my daughter with me to my parents home until her parents leave? Would police assist me in doing so?

I seriously and strenuously suggest that you don't try to use your daughter and put her in the middle of your conflict with the STBX and her family. When it comes to awarding custody down the line, a judge would be most interested in who actually considered the child's best interests in their actions during this lengthy period of discord. Do you honestly believe that a court is going to allow a parent to have custody who only seems to want to use that child as a pawn in their marital conflicts?

If this is where the child lives, then removing her to try to abscond with her to your parents' house is only going to appear just as petty as it really is. This is not YOUR child, this is not HER child. The child belongs to BOTH of you. The sooner you realize and take that to heart, the sooner you'll get exactly what it means to make sacrifices (yes, even very PERSONAL sacrifices) in the name of your children for THEIR sakes.

 

[RRevak]

Yes. However, my attorney told me today that the other party will soon file for divorce. So this will most likely end up in divorce court

Wait a sec, I'm now a tad confused by this statement....have either of you actually FILED for divorce yet? Did I miss something?

 

[Bulldog1]

Wait a sec, I'm now a tad confused by this statement....have either of you actually FILED for divorce yet? Did I miss something?

Neither of us have filed. We have only filed for child custody so far, however my attorney has spoken with her's and it is believed that she will be filing for divorce in the near future.

 

[ecmst12]

This is seriously backwards. Why haven't YOU filed???

 

[single317dad]

http://www.youtube.com/watch?v=dEtm_Q2LK9g

 

[Bulldog1]

I seriously and strenuously suggest that you don't try to use your daughter and put her in the middle of your conflict with the STBX and her family. When it comes to awarding custody down the line, a judge would be most interested in who actually considered the child's best interests in their actions during this lengthy period of discord. Do you honestly believe that a court is going to allow a parent to have custody who only seems to want to use that child as a pawn in their marital conflicts?

If this is where the child lives, then removing her to try to abscond with her to your parents' house is only going to appear just as petty as it really is. This is not YOUR child, this is not HER child. The child belongs to BOTH of you. The sooner you realize and take that to heart, the sooner you'll get exactly what it means to make sacrifices (yes, even very PERSONAL sacrifices) in the name of your children for THEIR sakes.

Sandy, I agree with what you are saying, but what am I suppose to do at this point? I've stayed away from the home to avoid confrontation that would ultimately lead me in jail. I can't keep asking friends and relatives to go with me so I can see my child. I won't go alone anymore. I've gone before and each time was hell. There was zero quality time spent with my child.

Is it possible to ask the courts for a visitation schedule when both spouses live together?