"first he was told that he would get the kid, the house and that she would pay"
Who told him that? Bad spouse isn't necessarily a bad parent. There is nothing automatically. They all must be based on many different criteria before one can get any.
"The whole time the guys been told he didn't have to leave"
That's correct but with extreme precautions and only in non-violence case.
"He was even told to change the locks, don't let her in and don't give her keys"
That's definitely BAD advice. Until there is an order ordered so, both have equal right to access to the marital house. All she does is to call the police and they will ask him to let her in. In addition, this will create unnecessary confrontation and could result in more damage to him. The attorney may like the idea so that he/she can collect more fee.
"The cops were called. He had to give her keys. you can't lock your spouse out of a home you both live in in Virginia, can you?"
I told you so!
"Now he's being told he has to leave becase if he stays he's condoning the behavior???'
Once there is a confrontation, the male is the one being forced to leave in most cases. That's why it's not a wise advice.
" If the guy leaves he's going to lose everything, right? "
If he volunteerily left by himself, then it will put him in the disadvantage position if she claims desertion, especially with kids, but not necessarily "everything". In this case, he is forced out by the police, therefore, he must secure a police statement to prove.
"Oh and he was told that he would get child support too? Isn't all child support a formula here Virginia?"
Whoever gets custody of the kids, gets CS. If he left the house without the kids and wasn't the parent involved more with kids, there will be no hope, and she will be the one to get CS from him. Yes, CS is based on BOTH parents' incomes and all states have a formula sheet (ask attorney).
Edited by dvd (10/20/09 10:08 PM)