DivorceNet®

Go back to Home » states

A Public Service of

Click Here for Lee A. Schwartz, Attorney at Law
Lee A. Schwartz, Attorney at Law
Disclaimer: People often times ask others on this board legal questions and ask these well-meaning non-lawyers for their legal opinions. If you have a lawyer representing you, you should be calling your lawyer with thes e questions. If your lawyer cannot answer your questions, then perhaps you need to think about whether you need a new lawyer.

I believe this board should be for venting frustration, relating victories and for MORAL support. You should not rely upon non-lawyers for legal advice. Remember, each non-lawyer has had one case to rely upon in giving you advice...theirs. While the y are well meaning, they do not have the breath of experience to rely upon in providing legal advice.

Try to keep your questions and factual patters as short as possible. Some people will write paragraph after paragraph and page after page of facts and figures and then ask the Moderator and other users to analyze their divorce, custody or support matter. Most people are not going to take the time nor do they have the inclination to spend an hour or two deciphering your facts and answering your questions. If your divorce, custody and/or support matter is so complicated that you cannot state the facts and your question in a few lines, you need to see a good family lawyer.

Be careful in accepting legal opinions from non-lawyers. It is but one source, and many times not he most reliable source of legal advice. -- Lee Schwartz

(Sponsors' postings are not to be construed as legal advice and do not constitute an attorney-client relationship.)
Because of the open nature of this board, parties other than our Sponsors may be responding to posts.
(A local attorney should be consulted for matters of law.)

Zipcode Search
Enter your zip code for professionals in your area:
Who's Online
2 registered (Belle5, 1 invisible), 13 Guests and 10 Spiders online.
Key: Admin, Global Mod, Mod
Newest Members
coopercat, lonecanyonrider, shanta, toons1, CWFL
25002 Registered Users
Forum Stats
25002 Members
76 Forums
25095 Topics
225386 Posts

Max Online: 201 @ 09/13/09 12:39 AM
Topic Options
Rate This Topic
#218911 - 05/19/09 06:42 AM Living situation and custody
mrcurious Offline
Member

Registered: 05/18/09
Posts: 6
I'm dating a woman who is going through a divorce and custody battle. She has been seperated from her husband since this past December. I first met her in Feburary of this year. She stays with me at my aparment every weekend and every other weekend she brings her son with her.

Currently, she is living with her sister and trying to find her own place through the housing authority. She has considered moving in with me (I offered), but we are not sure if this is a good idea.

Here are my questions. Would her moving in with me have any impact on her getting custody? Her husband is trying for full custody but says he will settle for 50%. What he wants to do is show to the court that she does not have a proper living situation for her son. Should she be concerned with this? Does it matter if she brings her son to stay with me every other weekend? Should she get a pace of her own, even if it isn't in the best area of town? Any suggestions are greatly appreciated!

Top
#218913 - 05/19/09 07:15 AM Re: Living situation and custody [Re: mrcurious]
HevnMaidMe Offline
Superstar
**

Registered: 12/03/04
Posts: 4058
In a nutshell, if you believe you really care for this woman and there is a future, then it is best to let her move on "independently."

Not only might it affect her custodial status, but the alpha-male desire in yourself to take over and take care of her is just too tempting for her. You want her decision to be with you, to be made because she genuinely loves you. Not because, she sees the opportunity to have a roof over her head or other advantages.

If I were in your shoes, I would slow down.
_________________________
When you know better, you do better -- Maya Angelou

Top
#218915 - 05/19/09 07:38 AM Re: Living situation and custody [Re: HevnMaidMe]
mrcurious Offline
Member

Registered: 05/18/09
Posts: 6
Thanks for the advice. It was insightful and something I guess I really needed to hear. maybe I should slow things down.

I have more questions. What should she do about hosuing if she does not move in with me? She has no money and her sister does not want her to stay with her any longer and is threatening to kick her out. Should she take the low-income housing or should she try to work things out with her sister? Also, how would the court percieve her if she continues to bring her son with her when she stays with me? Is this a bad idea? Is it not in his best interest? He is only three-years-old.

Top
#218916 - 05/19/09 07:51 AM Re: Living situation and custody [Re: mrcurious]
BeaverFever Offline
Superstar
***

Registered: 11/29/04
Posts: 6787
Loc: Houston, TX
"Would her moving in with me have any impact on her getting custody?"
This probably depends on the judge. However, unless you're really serious about this girl (and given the short time she has been separated from her husband, you shouldn't be), you shouldn't be establishing a relationship with her son.

"Her husband is trying for full custody but says he will settle for 50%."
I think you should encourage her in this direction. He has given her a perfectly reasonable compromise position, and she can be essentially done with the divorce in a week or two. It may take a little longer to get the document language worked out with the attorneys and then filed with the court, but the really gut-wrenching part will be over.

"What he wants to do is show to the court that she does not have a proper living situation for her son. Should she be concerned with this?"
She should be concerned with almost anything that will give him an edge over her in the custody battle.

"Does it matter if she brings her son to stay with me every other weekend? "
Many judges will frown on this. Many won't care.

"Should she get a pace of her own, even if it isn't in the best area of town?"
She should get a place of her own anyway.

"Any suggestions are greatly appreciated!"
My suggestion is for you to think about what you've told us as though you're an outsider hearing it. She has had problems with drugs. She has tried to kill herself. She can't afford her own apartment. She sleeps with someone she has known for 3 months (this isn't the part that's really troublesome, because I know I appreciate women who don't make me wait very long) while still married to her son's father when her son is present in the same place. I know you want to help, but dude, pay attention. Slow this WAY down, especially as it involves her son.

Top


Moderator:  community_mod, JDunn 


Home | List of Forums | Search Site | Legal Forms
© 2004 LawTek Media Group, LLC all rights reserved

Attention: Bulletin Board Terms of Use : Please read
Disclaimer: No information or materials posted here are intended to constitute legal advice, nor can we guarantee the accuracy of posted information, especially as to each individual situation. LawTek does not independently check the information contained herein and does not refer or endorse any product, service, or firm. This site does not constitute an attorney-client relationship; local counsel should always be consulted.