My sister has a 2 year old son. Her husband left her for another woman when he was 3 weeks old. Since then they have had another baby. They have recently requested to have her son every other weekend over night. My sister has agreed to this, even though she knows this woman destroyed her marriage. However, they live 100 miles away (her ex’s choice) and he is insisting she drops him off there. She has refused as advised by her solicitor. As he is a manipulative bully he is now threatening her with court action stating he wants half custody of their son. Would he be successful if this went to court. On top of this our Mom is currently dying from lung cancer and he knows this but is still persuing these petty issues – he is totally dispicable!
Jun
08
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Are you thinking about selling your home yourself? then
Well, if he hasn’t been a big part of his life, then no, it is not likely, he would probably get every other weekend. Also, when her son will be in school, it would be impossible to do joint custody like that!
Unfortunately, the fact the other woman destroyed her marriage doesn’t affect any of that, she can’t refuse visitation or access because of that… I know, I’m in the same situation. She got my husband to leave me, and went to see my child at the daycare 3 days later because she wanted to meet him! the b*tch..anways.
She is right in refusing to do the drop-off: it should be HIS responsibility, or they should agree to a half-way point.
In my custody order, I had it set that my ex-husband has to pick up and drop off my child at his own expense anywhere I live within the province (or state, it’s the same).
Regardless of your family troubles outside your sister’s husband leaving her and wanting joint custody of the child it is something a court has to decide. It is perfectly possible he could get joint custody but since he committed adultry and it is not mentioned that he has married this other woman…living in the same house and not married is not allowed by the courts…I think she has a chance to keep this kid to herself until the father grows up and realizes he can not live in adultry and have half the custody of the child…even when he has visits the other woman is not supposed to be spending the night in the house until the child has returned to the mother….I know this from experience….
Joint custody is the norm, but his choice to move far away will probably have an impact. His adultery, and whether they are married may also be a factor.
Normally the receiving parent picks up the child.
My area has free custody mediation, a few hours a year. Call your local courthouse and ask about what family court assistance they have.
If they went to court he could poss. get visitation every other weekend
unless she can prove he is unfit or he isn’t stable. My ex has to come to my residence to drop off and pick up our children he lives 45 min. away.I hope this helped u some.
I think the judge could go either way on this one. When she dies, he is going to have to live w/ his dad, so building a relationship now is very important. At the same time, the son may not have much time left w/ mom, so maybe no.
The ex will get custody after the mom dies no matter what.
the courts could care less about who what where when why….if he is the father, then he has a legal right to visitation. the court my mandate meeting half-way…unfortunately, if there is no abuse order, or endangerment issues, she’ll have to live with this
I can understand the frustration you and your sister have with this man, however I need to explain a couple of things.
First off, even though this other woman ruined your sister’s marriage, your sister HAS to allow her child’s father to see the child. There is no ifs, ands, or buts about it. She’s not doing him any favors by allowing this, it’s the law. Also, it’s what is best for the child unless he is being harmed or abused.
Now, as far as him living 100 miles away, she should not have to drive to drop the child off. I do have to say though, that she should be meeting him halfway.. it’s only fair. I do realize that it was his choice to move far away, but somebody has to be the bigger person here and be the helpful adult doing what’s best for the child. If her ex husband won’t, then she needs to. Tell her she should agree to meet him smack dab in the middle, and she will do no more than that. Also, she should say that he needs to compensate her for the gas she would be wasting to drive the son there.
He could realistically get joint custody, and why shouldn’t he? He did commit adultery and that’s disgusting, but that doesn’t mean he doesn’t love his child. They should have joint custody with the mother as sole physical cusotdy and the father with visitation.
Good luck.
Is he and does he have to pay child support? Wasn’t anything put into the divorce decree that specified this issue? Over here across the pond we have things like baseball bats that are really helpful in situations just like this. She needs legal advice immediately and what happens "on the side" neither of you know anything about. You’re her brother, so why don’t you act like one. Anonymously, of couse. Accept my sympathy for your mom. 8~)
He would get joint legal custody, to help make the decisions for the well-being of the child.
Physical custody would be something different. It is determined at the best interest of the child, every other weekend, is not joint physical custody. 2nd he lives 100 miles away, it is close to impossible to have a 50/50 time share