I am a very proud, and loving, 33-year-old father of adorable 11 month old son. For various reasons, my wife and I are getting divorced. In case its relevant, I am the one that filed. I don't want to go into reasons and will say that regardless of the 'irreconcilable differences' (I never thought I'd use that term in my life) between my wife and I, I believe that wife loves our son as much as I do and is a good mother.
Big problem is, I want Joint Physical Custody, while my wife wants Sole Physical Custody and for me to be an 'everyother weekend' dad. I don't know if wife is just looking to maximize
child support, or genuinely believes its best for the child to see his dad only two days out of every 14. I genuinely believe that a child needs both biological parents in his/her life (provided they are both good parents).
My wife is self-employed part-time at best... really hasn't worked during our relationship, much to my dismay (I have always wanted her get some sort of job, to lessen burden on me). Wife was living off alimony (from her 1st, 8+ yr, marriage) when I met her. During 18 month marriage, I have been great provider for her... loyal, expensive house, new 2004 mini-van, etc., etc.
Wife is constantly threatening that I will only see son everyother weekend, like my stepdaughter's dad. Since we will most likely end up in custody hearings in near future, I have convinced myself that I need to quit, or take an hiatus from, my job for the next few months to establish a record of being the primary caregiver to son. This seems irresponsible on one hand, but seems to be what I need to do for court purposes.
I filed a petition for equitable divorce and jt custody of child in county court last week. (I am considering modifying the initial complaint if possible to request
full custody).
My present attorney says that in regard to our 'contested' custody, as long as wife, son, and I are under the same roof (marital home), mediators, conciliators, and courts won't hear a custody case (so therefore, I shouldn't go anywhere). Attorney also says that if wife leaves, and takes child, we will Although its tense in the marital household right now, I understand that I can just sit on the divorce action/proceeding, preventing settlement, and preventing sale of marital home, so that we all remain under the same roof, and I continue to see my son whenever I want (and am not working, of course).
1) Is it true that custody will not be determined while both parents are under same roof?
2) Is it true that if wife takes child out of marital home, we can file an emergency temporary custody order, which will be viewed favorable for me, since wife is removing child from marital home and dad.?
3) How long can I delay a contended custody determination by courts, by refusing to sell marital home?