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What do I need to be thinking about re: custody?

Started by JennyOH, Jun 08, 2011, 07:55:06 AM

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JennyOH

Hey everyone, I am looking for some answers and general info about child custody in Georgia.

Here's our situation: my husband and I have been married for three years. We have a two year old daughter for whom he's been a stay-at-home dad, while I've been working full time and paying 100% of our rent/bills/groceries/etc (while we have been together but prior to our daughter's birth, he held several intermittent part time jobs).  We have some minor debt together: a car that's half paid off.  I have student loans from before we met. 

For a few months, he's been flirting online with several women. We sat down and talked about it and I said that, as long as he could promise me that he was committed to our marriage and was keeping his flirtations just about sharing music and news, nothing romantic, that was fine with me. We both just turned 30, what the hell, he wants a little innocent excitement.

Well, fast forward to last night, he tells me he's fallen in love with a woman he's met online and is planning to move in with her. Apparently they've been emailing and calling frequently and are totally devoted to each other. As far as I can tell, they've been aware of each other's existence for about three weeks.

So he's getting really insistent that we work out some kind of custody agreement with our daughter. He is fixated on the idea that there will be no money in the arrangement - no child support OR alimony - and that we will split her physical and legal custody 50-50 (he is for some reason dead set on doing one week with me, one with him).

I am looking for legal information on how potential divorce and custody settlements will be affected in light of the fact that he has no job (and little prospects), will have no money according to the agreement that he wants as described, and is leaving the marital home to pursue a relationship with another woman AND plans to have his custodial time in her home. He's also been emotionally and physically abusive but I have no proof of this other than locked Livejournal entries (one with a photo) and I understand this doesn't mean anything in court.  What do I need to keep in mind while we are in the process of working out an agreement? 

I am still incredibly upset and confused and just looking for any advice that can clarify what I need to be thinking of right now.

Waylon

Quote from: JennyOH on Jun 08, 2011, 07:55:06 AM
Well, fast forward to last night, he tells me he's fallen in love with a woman he's met online and is planning to move in with her. Apparently they've been emailing and calling frequently and are totally devoted to each other. As far as I can tell, they've been aware of each other's existence for about three weeks.
1) You're better off without this idiot. His fabulous new relationship will crash and burn and he'll come back hoping that you'll allow him to come back into your life. Don't let him. (But don't keep him from seeing the children.)

2) As far as custody goes, get an attorney immediately and discuss your options with him or her. This is the most important thing you can at this point.

3) Most courts won't entertain a parenting plan that doesn't include some sort of child support, so one of you will most likely have to pay something.

4) If he moves out and leaves the children with you, that's a big plus for you in terms of your case. Your attorney will explain this.
The trouble with reality is that there's no background music.