do i have a chance

[pushed 2 faR]

What is the name of your state? florida now maryland

im a 28 year old Father and lived in florida for almost 3 years now . my wife finally decided to end our marriage (we were married in the Phillipines and now legal residents) my wife and i signed a letter allowing me to have the kids and bring them to either the Phillipines or Maryland. i had it notarized but now that we are already in Maryland.i guess my wife wants to take the kids back home after a year. she wants her freedom for a year and after all that she wants the kids back. im currently a student right now and supporting the kids with the money that i got from selling our house..she is a nurse and can realy make a lot of money. the thing is im afraid that she might win the kids because im just a student. wil the notarized papers i have help me in my custody case against my ex wife..please help..im a very good father to my kids and have always took care of them

 

[Chelle0511]

What is the name of your state? florida now maryland

im a 28 year old Father and lived in florida for almost 3 years now . my wife finally decided to end our marriage (we were married in the Phillipines and now legal residents) my wife and i signed a letter allowing me to have the kids and bring them to either the Phillipines or Maryland. i had it notarized but now that we are already in Maryland.i guess my wife wants to take the kids back home after a year. she wants her freedom for a year and after all that she wants the kids back. im currently a student right now and supporting the kids with the money that i got from selling our house..she is a nurse and can realy make a lot of money. the thing is im afraid that she might win the kids because im just a student. wil the notarized papers i have help me in my custody case against my ex wife..please help..im a very good father to my kids and have always took care of them

~The notarized paper that you have, means nothing. However the fact that you have had them for the last year does. If I were you, I would immediately file for custody and go from there. I know that being a student is a good thing for your future, but you make have to seek full time employment and put your education on hold until things are settled! Good Luck.

 

[pushed 2 faR]

i currently applying for any job i can get just to say that i can support them, i will make almost 60,000 on the house sale and i think that will give me some time to get my life straight.plus my sister and his husband were nice enough to let me stay at their place for the time being..so the papers that she signed will not hold out in court? i fear that is the best chance i have on keeping my kids..is there another way to get around this?.....

 

[rmet4nzkx]

The letter you have means nothing until you and your wife go to court to modify custody and visitation orders. You need to do that now, in FL not MD.
Florida will have jurisdiction because that is where the divorce occured and she still lives there. If you had both moved out of state then it MIGHT be different.
Florida has move away laws which include geographical areas of 100 miles for which permission must be had, so you may have made this agreement in good faith but it means nothing until you go to court, please provide the facts re your orders including if you were allowed to go to school on the proceeds of the house etc. Is she payng you child support?
Good news is that she cannot take the children out of the country without you signing an agreement with the court.

 

[pushed 2 faR]

we are not yet divorced she says she will file for it or do a legal separation (?). which still boggles me..she left the house 3 weeks ago and after a week of staying in our house and just being depressed i decided to sell and move to maryland to be with Family.. i talked to her she says she does not want anything on the house just the monthly payments she did which is just $8000..is this considered abandonment? she also said that she will send out financial help in the letter but now she says afetr a year she wants the kids for good..she basically signed off the kids to me in the letter and gave me the house..the letter is all i have to prove my point

 

[casa]

What is the name of your state? florida now maryland

im a 28 year old Father and lived in florida for almost 3 years now . my wife finally decided to end our marriage (we were married in the Phillipines and now legal residents) my wife and i signed a letter allowing me to have the kids and bring them to either the Phillipines or Maryland. i had it notarized but now that we are already in Maryland.i guess my wife wants to take the kids back home after a year. she wants her freedom for a year and after all that she wants the kids back. im currently a student right now and supporting the kids with the money that i got from selling our house..she is a nurse and can realy make a lot of money. the thing is im afraid that she might win the kids because im just a student. wil the notarized papers i have help me in my custody case against my ex wife..please help..im a very good father to my kids and have always took care of them

What is helpful in your case is that the mother left the children with you and moved out. She basically demonstrated by her actions that she was giving you custody. You need to file in court that she gave you custody and it will be up to her to prove she didn't. Make sure you have records of the children's daycare or school proving their residence was with you. Get affidavits from neighbors, family and friends who have witnessed your parenting and your children being in a stable environment.

 

[pushed 2 faR]

yep she did gave me the kids i just hope that the judge gives me the kids. ive always heard rumours that the MOther always gets the kids no matter what

 

[casa]

yep she did gave me the kids i just hope that the judge gives me the kids. ive always heard rumours that the MOther always gets the kids no matter what

Always and Never are words that shouldn't apply to child custody. Too many circumstances can change. And, as the old adage goes "Never say never". I've seen fathers get custody more often than you'd think~ states are progressively moving towards The Best Interest of the child. A mother who leaves her children for an entire year and then wants to yank them out of their home and environment doesn't sound like she's got their best interests at heart.

 

[pushed 2 faR]

the reason why she said it will take a year for her to get the kids is because she will buy a house first before she gets them and will make sure that she will be rich enough..hmm i dont care if i live in a shack in the woods or have to eat Spam or any food everyday you just dont leave your kids because you want your independence to party and be dating again..thats what wrong friends can do to your wife.......i just want to beat her to the punch and divorce her here in maryland so i wont go to florida anymore for court hearings.the kids will have a better future with me anyway....thanks for the responses it really helps a lot

 

[casa]

the reason why she said it will take a year for her to get the kids is because she will buy a house first before she gets them and will make sure that she will be rich enough..hmm i dont care if i live in a shack in the woods or have to eat Spam or any food everyday you just dont leave your kids because you want your independence to party and be dating again..thats what wrong friends can do to your wife.......i just want to beat her to the punch and divorce her here in maryland so i wont go to florida anymore for court hearings.the kids will have a better future with me anyway....thanks for the responses it really helps a lot

Have you met MD residency requirements yet? If so, go ahead and file for divorce and custody. No one is stopping you- you don't HAVE to wait for the X to file. If you want to secure custody and have had care of the children this whole time, and have met your states residency requirements- then FILE.

 

[LdiJ]

I am a little confused. First, you need to realize that the home is marital property and the proceeds from the sale will have to be equitably divided as part of the property settlement of your divorce.

When did you separate?
When did you move to Maryland?
How long have the children lived with you without their mother living in the same home?
How much time have the children spent with their mother since you separated?
Does mom still live in Florida?

 

[pushed 2 faR]

hi,

yes the home is considered conjugal property but all she wants is what money she has put in.she knows that the majority of the downpayment and closing came as a gift from my parents maybe her conscience finally got to her..at least she is not being greedy about it..guilt i guess..i also had her sign a piece of paper saying that all proceeds from the sale of the house will go my parents.we signed it in front of a notary public..she decided to leave our house 3 weeks ago to stay with her sister because we always fight about everything after a week or her not going home and not calling the kids i decided to move to maryland and sell the house she did not object to anything.since she left home she has never even visited the kids or take them out for fun or anything.she only saw us when we were at the airport she just wanted to say goodbye to the kids..currently my wife still lives in Florida with her sister who is also Divorced and partying like no tommorow..wrong friends made my wife like this

 

[pushed 2 faR]

somebody just told me that i cant file for divorce in Maryland because i only lived here for 3 weeks...dang....

 

[LdiJ]

hi,

yes the home is considered conjugal property but all she wants is what money she has put in.she knows that the majority of the downpayment and closing came as a gift from my parents maybe her conscience finally got to her..at least she is not being greedy about it..guilt i guess..i also had her sign a piece of paper saying that all proceeds from the sale of the house will go my parents.we signed it in front of a notary public..she decided to leave our house 3 weeks ago to stay with her sister because we always fight about everything after a week or her not going home and not calling the kids i decided to move to maryland and sell the house she did not object to anything.since she left home she has never even visited the kids or take them out for fun or anything.she only saw us when we were at the airport she just wanted to say goodbye to the kids..currently my wife still lives in Florida with her sister who is also Divorced and partying like no tommorow..wrong friends made my wife like this

Ok, if I understand you correctly you and your wife have only been living apart for three weeks. That gives you no "edge" whatsoever regarding custody, and in addition, could even cause you trouble because you removed the children from Florida. Florida would definitely retain jurisdiction at this point.

 

[stealth2]

And regardless what you signed in front of a notary, the proceeds of the house ARE marital property and a judge may well award her a portion of it. I would really suggest you talk to a lawyer in FL sooner rather than later to find out where you stand - you could be making some costly mistakes.