• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Joint Physical Custoday.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

gymfkr

Junior Member
What is the name of your state (only U.S. law)? Mississippi

I'm currently going through a divorce. We haven't officialy drawn any paper work up.However, we are not far from it. She left the house with my two children (one step and one son) about 2 months ago. The morgage is in my name however, the deed is in both of our names. We have been married almost 3 years. She has left 3 times since we've been married. She never worked while we were together but she did go to school. She got her degree and it was more or less "see ya later" type of a deal. She cheated on me about a year ago with someone online. They never met at that time. We worked through it but I don't have any proof other than phone records that she was having an affair. She would talk on the phone up to 10 hours a day during the summer when she was suppose to be watching our 1 year old son and 9 year old daughter. She had the 9 year old watch the baby while she talked on the phone or was on the internet. She never cleaned the house. Made the home very unsafe for the children. My son had on numerous times got a hold of bottle full of milk that had gone bad. I worked 2 jobs so it was hard to be at home. However, when i did come home i cleaned the house because first it needed it because it was unsanitary and 2nd i wanted to teach my kids some responsibility.

She's been married 3 times counting me since the age of 18. She is currently 26. She had a child when she was 16 before I met her. She has lived with 4 different men counting me from the ages of 18 to 26. She's never really lived on her on more than a few months. She usually always goes back to live with her mom and stepfather. Thats where she is currently. I believe her mom called child services on her about my step daughter at one time before I met her. However, I don't believe anything came of it.

To sum up overthing, I'm looking to get joint physical custody of my son. I doubt that I could get full custody of our son. I'm not saying she doesn't love him but I just think in his best interest his better off with me most of the time.

I know she is currently seeing the guy from the internet. Which is fine. Im not worried about it on her part but I feel like that puts my kids in danger. I think its very irresponsible to date someone from that venue and expose them to your children. I can't prove that she's doing it.

I just looking out for my sons best interests. I would try for my step daughter to but I'm not the father. So, theres nothing really I could do.

Please any advice would be greatly appreciated.


ps. i don't have any kind of criminal record. I've worked the same job for over 10 years. I even have over 70 hrs of college under me. My son is now 2 years old.
 


Ohiogal

Queen Bee
Most of the stuff you posted is irrelevant. What is relevant is this:
She left the house with my two children (one step and one son) about 2 months ago.
So your -- plural -- child is with you and has been for the last two months.

You have no right to your stepdaughter however. Not based on what you said. You need to realize that everything else in your post is quite frankly irrelevant. You are just as much to blame for how your son was being taken care of and how unclean the house was and so on and so forth.
 

LdiJ

Senior Member
Most of the stuff you posted is irrelevant. What is relevant is this:

So your -- plural -- child is with you and has been for the last two months.

You have no right to your stepdaughter however. Not based on what you said. You need to realize that everything else in your post is quite frankly irrelevant. You are just as much to blame for how your son was being taken care of and how unclean the house was and so on and so forth.

I don't think that's what he meant OG, I think that he meant that she took the kids with her. However, I could be wrong.
 

Ohiogal

Queen Bee
I don't think that's what he meant OG, I think that he meant that she took the kids with her. However, I could be wrong.

Well then -- that is still the only relevant portion of his rant when it comes to custody. If the children are both with her then she has a good case for primary custody due to the fact that apparently he has done nothing about it.
 
That's such a bunch of #@#! and you know it. The first thing you do is usually find something to degrade a poster for before you ever get to the subject at hand. Get off you high horse already and give the advice your here for. It's fruitless for you to rant over all the things you find wrong in a post instead of targeting the subject and providing an answer....it's like a Napolean complex but behind the keyboard.

Anyway, the father has just as much right to the child as the mother. If she doesn't have a stable environment then Dad may be awarded physical custody. The fact that Mom left with the children does give her the upper hand because she is in possession. The time lapse doesn't matter; he may have been trying to work it with her and when something like this happens it shakes ones life and takes a bit to get back on track. Get a lawyer, file for custody. If she isn't working, etc it's likey she won't have that much backing to fight you with anyway. Let's not forget though, that even though she has done you wrong she is still mother to the child and the child needs to see you show respect.
 

gymfkr

Junior Member
I wasn't saying that I had any say so with my step-daughter. I was just stating children because I do look at her as my daughter. However, I realize in the eyes of the law that I have no legal rights to her.

As far as my wife goes....I have no hard feelings. If this guy makes her happy I'm glad for her. I know she loves the children. This post was simply me stating that I believe my son would have a more stable life with me. I wouldn't try and keep my son from his mom. Thats why I posted joint physical and not full custody.

My son has actually spent more time with than with my wife during our separation. I get him thursday through sunday. She gets him monday through wed.

I've been civil about this whole situation. I realize that she doesn't want to work things out. Also, I know that she has to be hurting about the whole situation because its has to be hard on someone. Especially, since you already had 2 divorces prior to this one. So, I'm not trying to make life hard on her.

If anyones been the angry one and the one being spitfull, its been her. Like i said I ignore it because I believe its her way of dealing with the situation.

In my post, I just stated facts not to try and down her but to give people a better understanding of the situation. So, advice might be easier to give with more information available.


She does currently have a job. She's been working for nearly a month now.

Now, I don't believe ohiogal's statement that I'm just as much to blame. I believe I deserve some blame because we were married. But , I can only do so much. How can I be just as much blamed when I'm working 14 hrs a day and I come home do almost all the cleaning and cooking. Plus any outside work.

I do understand that she was going to school. School is not easy. I know its my job to help her out but I can only do so much.

I'm sorry you got irritated at my post. I was only looking for advice not really a rant.

I'm only looking out for the best interest of my son. If I really believed he was better off with her I would gladly step back. However, I don't feel that way.

Like I said I was only seeking advice.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top