No custody agreement

[not2cleverRed]

Even if there is no agreement? I kept reading it say if there is no custody agreement, then both parents have shared custody of the children. I'm not trying to keep her from seeing her kids. I have every other holiday, and the kids stay with her. All I'm trying to do is flip the situation, for the sake of the kids. In the past 2 years she's had another baby and she now has twins on the way. My kids are not getting the proper care that they need and the only real reason they receive any support is do to my ability to consistently provide child support.

Um, yeah. You have what is called "status quo" going against you. Even if there is no agreement, the fact is that you have let things go for 2 years.


You do realize that her baby and the twins on the way are legally yours.

You are separated, not divorced. Get a divorce NOW.

 

[Just Blue]

No I'm in Instructor at Villanova University. I'm nondeployable and I'm due to retire after this school year, but I could push it up and retire by the beginning of next year.

I suggest you push it up and get back to NC to finalize the divorce and help your children. When you move back to NC, make sure you move to their current school district.

 

[Zigner]

Um, yeah. You have what is called "status quo" going against you. Even if there is no agreement, the fact is that you have let things go for 2 years.


You do realize that her baby and the twins on the way are legally yours.

You are separated, not divorced. Get a divorce NOW.

The divorce is going to be complicated by the situation with the children. Complicated enough that the OP is going to NEED an attorney to make sure it's done right. I don't understand why people fail to act on matters such as this. Do they think it's just going to go away?

 

[LittleWill123]

The divorce is going to be complicated by the situation with the children. Complicated enough that the OP is going to NEED an attorney to make sure it's done right. I don't understand why people fail to act on matters such as this. Do they think it's just going to go away?

I didn't take my time. It's been almost a year 1 1/2 yrs of me trying to get this divorce. She refused to sign divorce agreement and made reasons on why she can't make it to court, because she can't drive up to PA.

 

[Zigner]

I didn't take my time. It's been almost a year 1 1/2 yrs of me trying to get this divorce. She refused to sign divorce agreement and made reasons on why she can't make it to court, because she can't drive up to PA.

I don't believe that PA was the proper place to file.
Besides - she doesn't have to sign anything.

ETA: I never said anything about you taking your time.

 

[LdiJ]

No I'm in Instructor at Villanova University. I'm nondeployable and I'm due to retire after this school year, but I could push it up and retire by the beginning of next year.

Then when you retire, move back to NC and try for a 50/50 custody timeshare.

 

[LdiJ]

I didn't take my time. It's been almost a year 1 1/2 yrs of me trying to get this divorce. She refused to sign divorce agreement and made reasons on why she can't make it to court, because she can't drive up to PA.

Then PA doesn't even have jurisdiction to make custody orders regarding the children. If you had filed in NC (which you could have) it would probably be over by now.

 

[t74]

You are still married and your wife is pregnant and has a child by another man during yoru mnarriage. You realize that youa re also likely their legal "father" and libel for support. You REALLY need an attorney.

Don't give up your career yet; you may need the medical benefits for the children.

 

[Just Blue]

You are still married and your wife is pregnant and has a child by another man during yoru mnarriage. You realize that youa re also likely their legal "father" and libel for support. You REALLY need an attorney.

Don't give up your career yet; you may need the medical benefits for the children.

That parental point was made in post 16 and affirmed in post 18.


Geesh. Why is everyone overlooking post# 16 today???

 

[not2cleverRed]

I didn't take my time. It's been almost a year 1 1/2 yrs of me trying to get this divorce. She refused to sign divorce agreement and made reasons on why she can't make it to court, because she can't drive up to PA.

Get a lawyer.

If you already have a lawyer, then get a new one.