S.P.A.R.C.

Separated Parenting Access & Resource Center
crazy gamesriddles and jokesfunny picturesdeath psychic!mad triviafunny & odd!pregnancy testshape testwin custodyrecipes

Author Topic: Odds of sole custody and annulment  (Read 3194 times)

kahuna

  • Guest
Odds of sole custody and annulment
« on: Nov 24, 2003, 10:17:05 PM »
Here's my situation:
      5 1/2 year marriage to grifter with 21 month old twin boys.  Temp. hearing was in Oct.   Judge granted temporary joint custody with pbfh mom getting kids M-TH, me getting them F-Sun.  I am totally clean with the exception of false DV and sexual assault charges filed against me by stbx.  There has been no allegations or accusations of violence by my stbx until after she was served with divorce papers.
    She has the following:  well-documented 5-7 year drug addiction to prescription drugs, including 3 failed attempts at rehab.  DUI arrest with trial pending where she had morphine and codeine in her blood (trial pending).  Arrest for 3 felonies in another state for non-violent crimes (ie, nursing fraud--impersonating an R.N, possession of forged nursing license, etc.).  Driver's license suspended for failure to report an accident. (prior to marriage).  Conviction for 3 counts of writing NSF checks.  5-6 other small claims/personal injury/insurance fraud cases.  All crimes were committed before we were married and she failed to tell me about them.  The nursing fraud charges occured after we were married but I didn't know about anything until a few months ago. Affadavits from other men (including her 1st ex, her bio father and bio brother) saying that she made false accusations (both sexual and violent) against them.
     My question is this...is that enough for sole custody w/ supervised visitation for her?  And what is the likelihood of getting an annulment due to the fraud of her hiding her criminal past?  I've been hearing that the mother has to either be dead or unconscious for a father to get sole but I'm wondering what everyone's personal experience is.
     


NancyLou

  • Guest
RE: Odds of sole custody and annulment
« Reply #1 on: Nov 24, 2003, 10:34:01 PM »
With regard to the DV and sexual assault, were they shown to be false and is that documented?

In many states, not sure what state you're in, due to your not mentioning it, a person who has been found guilty of DV is not permitted joint custody.  The laws vary from state to state so you'll need to research the laws in yours.

Many states have their code online that you can find using Google.  

Somewhere in the Best Interest of the Child Statute or Custody Guidelines, it's going to mention this.

I would hate to give you hope on anything, since walking into a family law court is a crap shoot, at best.  I really wonder if there is a need for all the court room hearings, since it seems that judge makes the wrong choice anyway.  IMHO, it's a bunch of work and money spent all for naught...  The only people who get rich in a custody/divorce are the lawyers.  Get ready to sell a kidney on E-Bay...

However, there are many, many articles related to what you're about to go thru in the articles section of this site.  Read them all...  Read them twice and take notes.  If you follow the advice they give, you increase your odds tremendously with regard to gaining custody of your kids.

kahuna

  • Guest
RE: Odds of sole custody and annulment
« Reply #2 on: Nov 24, 2003, 10:44:55 PM »
I'm in NV.  I will be able to prove my innocence on the charges, but it may not be before the next hearing.  Meanwhile, I'll be spending the holidays w/out my boys.

mudbunnies

  • Guest
prepare
« Reply #3 on: Nov 26, 2003, 06:41:09 AM »
start preparing right now, even if you have an attorney, no one will fight harder for you and your children than yourself.

gather EVERY SHRED of evidence that you can that shows her character/past/present and potential future

gather EVERY SHRED of evidence that shows your GOOD past/present/future

focus on best interests of the children in everything you say and do

and prepare for the fight of your children's lives.

have depositions of everyone that's important, or subp. them for the hearing/trial

leave no stone unturned, search her life out, run her name through every court website you can find, you might be surprised what else you turn up

best of luck keep us all posted and read through the info provided on this site.

 

Copyright © SPARC - A Parenting Advocacy Group
Use of this website does not constitute a client/attorney relationship and this site does not provide legal advice.
If you need legal assistance for divorce, child custody, or child support issues, seek advice from a divorce lawyer.