A fathers rights-Please help

[Melissa68]

A friend of mine is not happy in his marriage, and has not been for many years. He has had an affair. He wants to leave his wife, but she keeps threatening that he will not see the children. She is physically and mentally abusing him in front of the children. What are his rights? Can he leave her/the house without being charged with abandonment? Can he see his children? What are his rights regarding custody, even though he has committed adultery? Can he have her removed from the house based on the physical and mental anguish? Do the children have any say if the mother will not allow him to see them? Please... any advice or knowlege is greatly appreciated!!

 

[hound dog]

Well all he has to do is go get an attorney and file for a divorce. He then will get visitation rights and child support payments court order. There is nothing she can do about it as far as she mantally abusing her . I am sure she is just very hurt b/c he committed adultery. I am curious are you the mistress? If you are I am here to tell you it is going to get very nasty between them and you in the middle will not help those children out . So do them a favor and not get in it b/c it is between her and him.

 

[Melissa68]

Okay thank you, but in the meantime, if he leaves her, how can he see the kids? How long before a court order mandating visitation can be issued? He is looking at an immediate visitation agreement, does this happen? I am fully aware of how messy this is going to get. I probably know more of what the kids are going through than either him or her. My parents were divorced.... My main concern is THEM. If he leaves and is unable to see his kids, that is unacceptable. What can he do legally? Thanks for your reply...

[Edited by Melissa68 on 01-02-2001 at 04:06 PM]

 

[LegalBeagle]

A friend of mine is not happy in his marriage, and has not been for many years. He has had an affair. He wants to leave his wife, but she keeps threatening that he will not see the children. She is physically and mentally abusing him in front of the children. What are his rights? Can he leave her/the house without being charged with abandonment? Can he see his children? What are his rights regarding custody, even though he has committed adultery? Can he have her removed from the house based on the physical and mental anguish? Do the children have any say if the mother will not allow him to see them? Please... any advice or knowlege is greatly appreciated!!

You want to have the mother removed from her children and put out onto the streets ?

He should leave the house now, for the sake of the children and then file for legal seperation with visitation rights. If the mother so wishes, she can deny access until the visitation is setup. Shame that the children will be the ones hurt by his adultery.

 

[Melissa68]

Throwing her out on the streets is a bit extreme. But I also do not think that the children need to be subjected to the physical and mental abuse she is creating either. My interest is for the wellbeing of the children.

 

[LadyBlu]

Throwing her out on the streets is a bit extreme. But I also do not think that the children need to be subjected to the physical and mental abuse she is creating either. My interest is for the wellbeing of the children.

And I wonder what the cause of the mothers anguish would be from?

Maybe you should have been more concerned for the children prior to becoming this mans mistress.

 

[Melissa68]

Well thank you. But you do not know the whole story. I was simply looking for some legal advice.

 

[LegalBeagle]

Well thank you. But you do not know the whole story. I was simply looking for some legal advice.

and you got it.. he should leave the house now and file for legal seperation with visitation rights.

 

[crobo]

Horrible

I'm just curious.....how long has he been living in this situation at home?

 

[Ukiah]

Re: Horrible

I'm just curious.....how long has he been living in this situation at home?

I can't believe that you are concerned with how long "HE'S" had to live like that! If he hadn't cheated, she more than likely wouldn't be so pi$$ed off!

She should kick his sorry cheatin' @$$ out! Hopefully they live in a state where she can claim adultry as the reason for divorce!

The children and home life do suffer regardless because of HIS actions. HIS actions alone, with his decision to have the affair. He should leave, and the wife should be glad she is rid of him. Get on with her life, and concentrate on her children.

Doesn't matter if the wife was complete bi**h, he had no right for cheating, instead, he should have worked things out with his wife instead of giving up on their relationship. Some role model for his kids!

He did it to himself, I do NOT sympathise with any man who cops out on a relationship and cheats! If he wasn't happy, he shouldn't have gotten married, and walked away a long time ago!!

 

[crobo]

Horrible Part II

Thanks, my reason for asking was this. If this is happening it is doing more damage to the kids than anyone else in that house and it's not going to get better....especially since it looks like the affair continues. The best thing this man can do is GET OUT and spare his children and his wife further misery and anquish. If he's still having an affair then that's probably what he really wants anyway.

 

[LegalBeagle]

Re: Re: Horrible

I'm just curious.....how long has he been living in this situation at home?

I can't believe that you are concerned with how long "HE'S" had to live like that! If he hadn't cheated, she more than likely wouldn't be so pi$$ed off!

She should kick his sorry cheatin' @$$ out! Hopefully they live in a state where she can claim adultry as the reason for divorce!

The children and home life do suffer regardless because of HIS actions. HIS actions alone, with his decision to have the affair. He should leave, and the wife should be glad she is rid of him. Get on with her life, and concentrate on her children.

Doesn't matter if the wife was complete bi**h, he had no right for cheating, instead, he should have worked things out with his wife instead of giving up on their relationship. Some role model for his kids!

He did it to himself, I do NOT sympathise with any man who cops out on a relationship and cheats! If he wasn't happy, he shouldn't have gotten married, and walked away a long time ago!!

I think I'm in love...