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Louisiana Divorce / Adultery / Custody

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d_daigle

Guest
November 22, 2000

Here is the overall situation. My wife and I have been married for about 3 1/2 yrs. We have two kids, 3 and 1. During our marriage she was seeing other men. I never was able to get any hardcore evidence of this though, just evidence of them talking. Well I got tired of her lying and knew she was seeing someone else, I left the house. I have my kids about 70% of the time now. The childcare complains about my wife and has brought forms of neglect towards our children to my attention. Just the other day she had her boyfriend at the house all day, and all night, with our kids there. We haven't even divorced yet! That night I video taped the house and his vehicle, the lights were all off. I didn't get actual footage of them sleeping together. I got him on tape taking the car seat out his truck and leaving at about 5:00 am. The next day I taped our conversation over the phone and she spoke how she had wanted a divorce and she admitted to him being there all day and night. Here's the deal..the environment that she is subjecting our children to isn't right. Our kids aren't getting the proper guidance and structure they need. The childcare can back me on that in court about my wife. She has violent rages and has a mental problem. Her calling in sick at work and staying at her boyfriends house and asking me to take care of the children is costing her, her job, she is about to be fired is what I heard from someone employed with her. Here's the question...I want to get custody of my children, they need the proper care. Do you think I have a chance at being awarded full custody? Am I allowed to leave the state with my daughters (I live in Louisiana) before the trial? Or would be in my favor to keep them by my side in the state until the trial? Would it be in my favor to have them period or should I just wait until the trial and let the judge decide? Any kind of advice would be greatly appreciated. I'm only 22 and I'm a college student. I graduate in May next year in computer info technology. I do not know much about situations such as this and I'm looking for the best care for my children. Thank you for your time.

D_Daigle
 


LegalBeagle

Senior Member
d_daigle said:
November 22, 2000

Here is the overall situation. My wife and I have been married for about 3 1/2 yrs. We have two kids, 3 and 1. During our marriage she was seeing other men. I never was able to get any hardcore evidence of this though, just evidence of them talking. Well I got tired of her lying and knew she was seeing someone else, I left the house. I have my kids about 70% of the time now. The childcare complains about my wife and has brought forms of neglect towards our children to my attention. Just the other day she had her boyfriend at the house all day, and all night, with our kids there. We haven't even divorced yet! That night I video taped the house and his vehicle, the lights were all off. I didn't get actual footage of them sleeping together. I got him on tape taking the car seat out his truck and leaving at about 5:00 am. The next day I taped our conversation over the phone and she spoke how she had wanted a divorce and she admitted to him being there all day and night. Here's the deal..the environment that she is subjecting our children to isn't right. Our kids aren't getting the proper guidance and structure they need. The childcare can back me on that in court about my wife. She has violent rages and has a mental problem. Her calling in sick at work and staying at her boyfriends house and asking me to take care of the children is costing her, her job, she is about to be fired is what I heard from someone employed with her. Here's the question...I want to get custody of my children, they need the proper care. Do you think I have a chance at being awarded full custody? Am I allowed to leave the state with my daughters (I live in Louisiana) before the trial? Or would be in my favor to keep them by my side in the state until the trial? Would it be in my favor to have them period or should I just wait until the trial and let the judge decide? Any kind of advice would be greatly appreciated. I'm only 22 and I'm a college student. I graduate in May next year in computer info technology. I do not know much about situations such as this and I'm looking for the best care for my children. Thank you for your time.

D_Daigle
Your best option is to retain an attorney and file for Emergency temporary custody of the children. Do not leave the state as it will just make things more complicated at this point.

 
D

d_daigle

Guest
LegalBeagle said:
d_daigle said:
November 22, 2000

Here is the overall situation. My wife and I have been married for about 3 1/2 yrs. We have two kids, 3 and 1. During our marriage she was seeing other men. I never was able to get any hardcore evidence of this though, just evidence of them talking. Well I got tired of her lying and knew she was seeing someone else, I left the house. I have my kids about 70% of the time now. The childcare complains about my wife and has brought forms of neglect towards our children to my attention. Just the other day she had her boyfriend at the house all day, and all night, with our kids there. We haven't even divorced yet! That night I video taped the house and his vehicle, the lights were all off. I didn't get actual footage of them sleeping together. I got him on tape taking the car seat out his truck and leaving at about 5:00 am. The next day I taped our conversation over the phone and she spoke how she had wanted a divorce and she admitted to him being there all day and night. Here's the deal..the environment that she is subjecting our children to isn't right. Our kids aren't getting the proper guidance and structure they need. The childcare can back me on that in court about my wife. She has violent rages and has a mental problem. Her calling in sick at work and staying at her boyfriends house and asking me to take care of the children is costing her, her job, she is about to be fired is what I heard from someone employed with her. Here's the question...I want to get custody of my children, they need the proper care. Do you think I have a chance at being awarded full custody? Am I allowed to leave the state with my daughters (I live in Louisiana) before the trial? Or would be in my favor to keep them by my side in the state until the trial? Would it be in my favor to have them period or should I just wait until the trial and let the judge decide? Any kind of advice would be greatly appreciated. I'm only 22 and I'm a college student. I graduate in May next year in computer info technology. I do not know much about situations such as this and I'm looking for the best care for my children. Thank you for your time.

D_Daigle
Your best option is to retain an attorney and file for Emergency temporary custody of the children. Do not leave the state as it will just make things more complicated at this point.

Thank you for the advice! I am going to consult an attorney on Monday. Can you explain the emergency temp custody please?

Thanks,
D_Daigle
 

LegalBeagle

Senior Member
d_daigle said:

Thank you for the advice! I am going to consult an attorney on Monday. Can you explain the emergency temp custody please?
Basically your attorney, with your evidence should be able to file a petition into court that is heard either the same day or within a couple of days. It is sometimes a one sided action as the other party does not have time to respond. If you can prove to the judge that the children are in danger or being neglected, then he can issue a temporary custody order until such time as a full trail can be heard.
 
D

d_daigle

Guest
LegalBeagle said:
d_daigle said:

Thank you for the advice! I am going to consult an attorney on Monday. Can you explain the emergency temp custody please?
Basically your attorney, with your evidence should be able to file a petition into court that is heard either the same day or within a couple of days. It is sometimes a one sided action as the other party does not have time to respond. If you can prove to the judge that the children are in danger or being neglected, then he can issue a temporary custody order until such time as a full trail can be heard.
Thank you again!! She even talked of having connections with a certain judge and how she was going to have the whole thing taken care of, and I got her saying this on tape. Well thanks again, I really appreciate this and thank you for the quick response!

D_Daigle
 

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