Can someone help me?

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Golden

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:confused:

My x-boyfriend and I were together for 2years, in this time we had a daughter. From the time she was born until I left him he claimed he was sick and did not work. Doctors could not find anything wrong with him. For 1 1/2 years I supported us all, him, myself, our daughter, and my son. He seemed to become better and I asked him to work, he didn't. I gave him ultimatums, he still didn't work claiming, "Why should I work when you're paying all the bills." I asked him to move from my rental house, he would not. My son and I were living there years before him. All of my son and daughters friends were there, it was their home. He didn't care. He wanted to inconvience me making me move. Still he was on the lease and driving me crazy. He fought with me every day in front of the children stalked me at work to see if I was there leaving the children alone sleeping. Friends and coworkers will attest to this. (Son 11 daughter born on 12/12) So finally in desperation I moved out. The day I moved out he got a job!! Was he really sick? Soon after I moved out he left the home:confused: He was still following me around and threatening to take the baby, I even had a police officer leave a note on his door because he woke me one morning banging on my door and threatening me. He grew up in England and I was VERY scared of the possibility of him taking her there since there was no court order of custody. I filed for joint custody with me as the domiciliary parent and for him not to be able to leave the parish with the baby. I also worked out a visitation schedule for him. He took my deposit for my rental home, ran up my electric bill and numerous other bills that I'd left on for him at the house, and got himself a very nice apt. Meanwhile my job of 7years was not making the money it used to, the bombing I think, it was in the service industry. My best-friend lives in Chicago and offered to help me move here and find a better job. I was working nights and it was hard not having him home to watch the baby @ night. I worked under 30 hours per/week when we were together, the majority of the time the baby was with him she was asleep. With her at a child care provider it was tough waking her in the middle of the night bringing her home after work. I moved to Chicago, my sons father also lives here and is helping me with him. My uncle is also here, I did not have any family in New Orleans. Of course I have the support of my best-friend, and her brother which is now my boyfriend. We are living together, he has been seperated for a 1 1/2 years he has filed a divorce. He has joint custody of his two children which are 12 and 10 he takes care of his children 1/2 of the time. He owns his own business and his own home. His condo is large but with only 2bedrooms, the boys share a room when they are both here. My daughters bed is in our room, his daughter gets the sofa bed when she's here. My daughters father sent an answer to my petition asking for joint custody and him as the domiciliary parent, the same thing I applied for. The court is in La. (One other thing we were both charged for child abuse by social services, he spanked my son and left marks, I was at work, they said I was charged because I left my son with him while I was at work. The investigation was dropped but the papers are on file.) My son says that many mean things were done to him that he didn't tell me about at the time because he was scared. When this incedence happened with childrens services I started my action on leaving him and moving. He has not seen our daughter for 3weeks now. I filed in Aug. he just counter filed this month. He says his lawyer is asking the judge tomorrow for an emergency hearing. I would have to fly to N.O. for this. I have taken a month off to get my children settled, my son is now in school here. My daughter is enrolled in a library program she goes to every week. I will start working next week. My x tells me that he can make me move back to N.O., can he? If I can't afford it right now he says that he can take the baby from me...can he? He also said I was stupid for filing if I was planning on moving, I thought I was being fair and protecting myself??? I even cashed in my 401k plan to move as he had drained all my resources over his supposedly "sick" time. I can't afford to move back, and I don't want to. I think that this is a much better place to raise children, and my daughter needs me. I am willing to let her visit him, but I don't think equal time would be good for the baby. She'd never get a stable home getting sent back and forth between us every few months. Could someone please give me some idea on what will happen in court???:( I'm afriad of him and his bulldog lawyer:eek: Thank you ever so much for your time, Mercy
 
The first thing is not to be afraid of his lawyer. I'm sure that both him and his lawyer are hoping that you'll be the "scared, emotional woman" who will concede to most of their demands without much of a fight. It's difficult to say what will happen without any of the papers. However, it seems that you have custody and have been taking care of the child for the past several years without any assistance from him. Courts are hesitant to take a child from its mother, regardless of what some silly bulldog will say, especially if the bulldog thinks you don't have a bulldog of your own. He will tell you things that he can do -- supposedly -- but they aren't necessarily true and might not be true at all. There are a number of factors that come into play and some common sense dictates that some of it is probably hot air.

I do not think that you have to fly down for an "emergency hearing" of the sort that you are talking about. You should see if you can consult with a lawyer and, at the very least, see what kind of assistance you may qualify for in your local area. If you are in Chicago, you may qualify for a number of resources, especially if your income level is low. A good place to start would be the Chicago Bar Association at http://www.chicagobar.org/ .

Most importantly... don't lose control of yourself and your emotions. The calmer, cooler and more collected you are, the more likely you'll have a favorable outcome. Remember that many lawyers play a game of poker with these proceedings and they are hoping to see you fold even if you have a good hand by trying to bluff you. Keep it together.
 
Bulldog or bull-ogna???

I'm sure you're right...he has now called me, the x, and made all kinds of silly requests. For example 1.noone but a parent is to take the child swimming. 2.noone under 21 is to babysit the child. 3.she is not to fly in airplanes for any reason. 4.the other parent must be notified with in 24 hours if swapping is not occuring, only when in emergency. 5.one parent must tell the other parent when child is brought to the doc or hospital. 6.childcare provider name and address and referances must be given to other parent....etc... All this with the understanding that the other parent forfit the child if one of these is not met. He says his lawyer is calling mine a bargan basement lawyer...I told her that next time his lawyer calls her to answer her phone,"Bargan basement law firm can I help you?" I told him...um..I'm not signing anything like that. He says he's drawing up the paper work on Friday. He wants joint domiciallary custody. I think half the time with me and the other half with him is silly...GiGi would never have a full time home. I've been concerned with the evaluation thing...so you think that's going to go allright then? I really hope you're right. I do have a lawyer...she's saying not to worry also, but she is my baby and the more people that say not to worry the better. Is there anything that I could do to make the evaluation go better?

Thank you VERY much for your responce:D Mercy
 
The best way to make the evaluation go better is to keep it together. :D Don't lose your cool. I know you are tempted to be a sarcastic. Don't... just keep everything level headed and keep calm. Don't be abusive to your adversary because it's harder to separate yourself later and keep calm. This is how my clients help me -- by helping themselves. :)
 
So all in all I shouldn't worry...and the new boyfriend thing isn't going to hurt my case in keeping my daughter...you are my hero...;) I'll keep you posted...Mercy
 
The most important thing is to keep yourself together. Regarding the new boyfriend, we don't know him. From what you wrote he seems to be a decent person and not an unsavory character. If he has a decent income, takes good care of his children and seems to be a good person then it shouldn't play a large part. However, if you are neglecting your children to spend time with him or he is not your upstanding citizen then that can work against you even if you love him -- e.g., some try to help a boyfriend who is a recovering addict which won't help your case even though the person might be a decent person, etc. Good luck and remember that those that take care of themselves help their case tremendously.
 
Thank you Micheal for your reply...the new boy friend owns his own business and is a VERY upstanding person, he is a much more "together" person then GiGis father. He owns the condo we're living together in. He is my best-friends brother which I can't tell you how wonderful and supportive their whole family is. He is also a very good father to his own children and has them 50% of the time. I assumed that since we weren't married and we were living together that it would be unfavorable to an evaluation?? What about the point that he's filed for his divorce but it hasn't been finalized yet?(He has been seperated for over a year) I really didn't have a clear idea about that issue. I haven't found a job yet that isn't less than 55hours!! I am glad that I've taken a month off allthough to get everyone and everything settled. My son is in a very nice school and is visiting his father every weekend, he lives only 20min. away...my son is 12 and is at the point where he really needs his father. I have calls and interviews like crazy this week...I'm sure I'll find something more favorable then the job I had in New Orleans. I was a cocktail waitress @ a casino during an evening shift. (6pm-2am) I'm looking for a day job w/ benefits...and also a nice child care for GiGi. Thank you again...Mercy:D
 
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