Split Custody Petition

[duke1]

I have filed pro se in defense to my wife's petition for divorce thinking we could be fair about how to manage the financial and parenting affairs of our children. However, in a last desperate attempt to open up an avenue of reconciliation, I stubbornly refused to leave her residence until she would answer some of the questions reguarding the validity of her petition she had previously neglected to answer.

My wife called the police to remove me from her place. I waited there until they arrived to see if she would either answer my questions or reverse her call. Naturally they came and the "mule's rear-end" approach was fruitless.

She has a boyfriend that was immediately put in place right after she moved out on her own with our two young boys. It has been made obvious to me that she has an ongoing affair with this man and potentially has had one before she declared for our separation. I now feel that she feared I would have thrown her out and left her without custody if I found out about the affair earlier.

The reson I feel this way is because shortly after the last incident, she filed another petition, falsely accusing me of motives and actions around our children to where I can no longer visit them without prior consent of a half-way house in town. In addition, she wanted to ensure that she would have the right to move out of state with our boys for whatever reason (she clamed for job opportunities). Her boyfriend, from what my sons volunteed to tell me, has put his house up for sale.

I have to represent myself tomorrow in defense of this false pettition. Also, I no longer trust my wife to be granted full custody (to where she once reasoned with me would be fair as far as parenting time would be concerned).

The question comes to this. Is it potentially possible for me at this point to pettition for a split custody arrangement? Day care may be an issue. But, other than that, can it be done?

 

[Duranie]

I am not sure what you are asking. but you need to document all these false accusations by your ex wife.

Also, you are free to ask for custody. Moving a guy into the house is a terrible idea.

Mom might irritate a judge if she wants to move out of state without really a good reason. You have every right to ask that the boys remain in the area, and you are free to seek a geographic restriction.

You really should see an attorney. If mom has one, you might get ambushed in court.

 

[duke1]

I failed

I never intended to have to represent myself in court at the last hearing. When I consulted one who I had met with before, he shrugged and told me he had prior commitments for the date I needed representation. The advise he left me with was equivelant to saying, "Good luck! Knock'em dead!"

I stayed up until 2am preparing a response to my wifes petition. However, I had no Idea of how the order of this hearing would go. I had an outline of what I wanted to say, but I wasn't prepared to ask my wife questions. In addition, my mouth went dry with nervousness and couldn't help keep my hand from shaking when I raised it for the oath of truth.

Her lawyer did ambush me in a quiet way by asking me alone (prior to the hearing) if there was any issues that we could work out before entering the room. I told him my major concerns, but really he took the fire out from under me that I feel could have been usefull in the actual hearing.

I am trying to prepare for a defense towards the courts decision. I have contacted another lawyer. Is there any weight in mentioning that I had inadequate representation in the last hearing?

To clarify my question from the previous thread; my wife is currently pettitioning for full custody. My intent is to block it and petition for split custody instead. She seems to be only concerned with getting money from me than looking out for the best interests of our children. She already has a job. I'm an unemployed student living off my VA benefits.

 

[Duranie]

In order to get joint custody, you need to prove it is in the childs best interest. In other words, if you can prove that you are in an involved dad and would continue to be one, your chances improve.

On another note, being unemployed through all this is a BAD idea. I would find some sort of job. You are going to have to prove that you can support your kids, and being unemployed is going to look bad.