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What are my chances in today's court

Started by sawman, Apr 19, 2008, 10:02:18 AM

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sawman

I'm a 41 year-old father of one daughter(7) and 3 step children (12,13,16). I found out that my wife was cheating on me and I filed for divorce. At the initial hearing, the judge ordered me to leave the home and pay temporary support. I have plenty of documentation and a video from a PI to prove adultery.

Myself and a couple of other people are witness to her bringing the oldest step daughter home from a party at 4:30 am.
I also have computer chat records and am working on getting a couple of witnesses that my spouse provided alcohol to the minor as well as others.
There are many other facts, but just on this, what do you think?

I would like to get custody of my daughter, but am unsure of the way courts view these things. In my opinion its obvious, but that doesn't count.

Sherry1

Why were you ordered out of the house, something must have happened.

Unless there is documented proof that your ex gave alcohol to minors OR unless people will actually go to court and testify, that would be a he said, she said scenario.  

Chances are likely you could be awarded 50/50 custody.

Davy


Sherry..pardon ... please enlighten me.  Since when is adultery not grounds for divorce.  What state ?

I KNOW in the past .. for sure that many men were ordered out of the house with or without DV accusations.

MixedBag

yea, how about adultery is not grounds for getting primary custody and making things go "your way" in court.


Sherry1

Adultery, alone, will not win you primary custody.  A he said/she said custody hearing will not gain you primary custody.  A judge ordered the father out of the house.  How come the judge didnt' order the mother out of the house?  There had to be some sort of determining factor as to why the father was ordered out of the house.





Haleys Dad

The father was ordered out because there were also three step-children in the home and the judge decided it would be best to minimize the disruption of the children's daily life and school routine. This same judge also refused to allow visitation every other week when the father is off of work (only allowed every other weekend).
Mother had new boyfriend at the home within three weeks of the father moving out and is now pregnant with fifth child (from boyfriend) !!!

canaandog13

Your state may have a "no fault" divorce law as many provinces do in Canada. Also if you got the computer chat records using a spyware make sure you have a bill of sale for the computer as it is illegal to load that software on a computer you do not own.

Good luck,


Haleys Dad

I don't use the term "spyware" because it refers to malicious programs that are designed to obtain personal information for malicious/illegal intent.
It is a program designed to monitor my children's internet activity to prevent them from being exposed to some of the garbage on the internet. I try to maintain certain moral standards in my home and expect my family to do likewise. Upon installing this program, I found that not to be the case. Even a long talk with my step-children didn't change things. If I took the computer away, the mom would find it and hand it over to them. There are other things she did to encourage their behavior that I will not discuss here, but I have had enough.
 And, yes, it was installed on my personal laptop given to me by my soon-to-be ex-wife.