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This is the last straw...

Started by cycleguy4233, May 31, 2004, 05:54:25 PM

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cycleguy4233

hello:

My wife and I havea 4 year old and she has a 21 year old from a prior marriage who is a violent narccissist. She flies into rages over taking the wrong towel in the bathroom or how the dish washer is loaded. The 21 year old is pregnant and due any day. She is down in KY with her husband who is in the military. We are in MA. My wife took our 4 year old to be wit her daughter. It turning now into 2 months. She refuses to allow our 4 year old to leave early with me so she can be at home. They (4 people and a dog, soon to be 5) are cooped up in a hotel room all this time. We had talked about getting divorced because of my wifes verbal and emotional abuse that she encourages and allows, along with countless other issues.

I am going to try one more time to get her to allow me to take our 4 year old home. Once the baby is born, she will be a nuisance to everyone down there. The 21 year old is the center of the universe under normal circumstances. So much so we can't even have pictures of our 4 year old for fear of alienating the 21 year old. this kind of bizarre stuff is normal.

If I am forced, I want to file for divorce and have my 4 year old brought back home. How is this done? What are the mechanics? How is she transported? Do I go down?


Thanks
Cycleguy

KAT

Go today & see an attorney. You'll need to probably file for emergency custody of the 4 year old. Papers will have to likely be served on your wife by the county sheriff or you can probably use a private process server (there are ton of them, just do a search). If she doesn't bring the child back, she could be held in contempt of court. At which time the judge could issue a state warrant against her. Problem is it's a state warrant & other states aren't likely to get involved...that is, until it turns FEDERAL (usually unlawful flight to avoid prosecution).
DO NOT DELAY. You don't want the other state to obtain jurisdiction or else you'll be fighting it in KY.
Let us know how it's going!! If you are able to get the daughter back then file for custody immediately & to be honest I'd take the daughter & go stay with a friend/relative or some place your wife doesn't know about (extended stay hotel in an other area would work) until the papers are signed by the judge. Until there is a court order both of you have the same rights to the child. Heck, go down tell the ex you are going out for ice cream, be right back (Do you guys want anything? HA!) then drive on back home with the child!
KAT