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Divorce and Separation

Discussion in 'Divorce, Separation, Annulment' started by rosyshina, Jun 5, 2014.

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  1. Proserpina

    Proserpina Moderator

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    No, you really don't.

    You seem to dangerously underestimate how difficult it is to get a court to order "no visitation", or even "supervised only".

    You're also walking a tightrope, and if you continue down this path you may find HE gets custody.

    No, I'm not kidding.
     
  2. rosyshina

    rosyshina Law Topic Starter New Member

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    i am not underestimate any one i have faith in god but as you say he will get the custody just tell me what point should i bring in court so that my case look strong.
     
  3. army judge

    army judge Super Moderator

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    Post 14 from boyzgrrl offers sound advice.
    You might want to read it and study.
     
  4. rosyshina

    rosyshina Law Topic Starter New Member

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    Ok i will go through the case one more time .

    Thank you
     
  5. rosyshina

    rosyshina Law Topic Starter New Member

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    Ok i will go through the case one more time .

    Thank you
     
  6. Proserpina

    Proserpina Moderator

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    Hon, I hate to put it like this...but God isn't the one deciding on custody. That's up to the court.

    Unless he is convicted of severely abusing the child, he IS going to get some sort of visitation. You need to accept that - if you try and hide the child, or make accusations without proof, the court can give him custody because you'll be seen as deliberately trying to take away his rights.

    I get the feeling you're not a native of the US. Many countries still apply what is known as the "Tender Years Doctrine", which basically gives the mother custody for the first few years in life. The US doesn't do that. The law does not favor one gender over the other. Here, you both stand equal before the court.

    He is going to get visitation.

    That's really all there is to it.
     
  7. rosyshina

    rosyshina Law Topic Starter New Member

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    Ok fine i got your point, he will get the custody but for how long and if he got the custody and then he abuse my child or try to hurt her then what ?
     
  8. KatDini

    KatDini Well-Known Member

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    If he abuses or hurts your child, then DHR will be involved.
     
  9. Betty3

    Betty3 Super Moderator

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    If he abuses or hurts the child, call the police and/or DHR. (unless/until that possibly happens, he will get visitation)
     
  10. rosyshina

    rosyshina Law Topic Starter New Member

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    That means he will get the visitation for sure ok thank you very much .
     
  11. army judge

    army judge Super Moderator

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    Nothing is always white, or black. There are many colors. Justice isn't a science, or a cake recipe. It often surprises you. There are no guarantees.

    From what I've observed over the years, OP, many who get visitation choose NOT to use it.
    My guess is they just want to make a statement, something like - I'll show you. I'll fight for visitation.

    They get it sometimes, use it a couple times,then slowly over time they just stop using visitation. They can't be forced to see the child, you see. Most keep paying support, and a kid grows up without a dad or mom - sometimes happy, sometimes sad.

    So, whatever happens, happens. All any of us can do is try to do our best. Heck, he might not even show up for court. That happens a lot, the other party just doesn't show. You'll know soon. Good luck.
     
    Last edited: Jun 13, 2014
  12. rosyshina

    rosyshina Law Topic Starter New Member

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    yeah you are absolutely right, i know he will ask for visitation but he will not handle it you see he is a looser.

    If he don't show up in court then what ?

    Did court Notice him to come on next date ?

    Please explain.
     
  13. Proserpina

    Proserpina Moderator

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    If he doesn't turn up, he can file again at any point for an enforceable visitation order.
     

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