I'm trying to get temporary custody orders changed

[kahuna]

           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.


 
 

[socrateaser]

>
>           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?

Maybe. The evidence suggests a pattern of criminal behavior that is potentially harmful to the kids. You must show how it is harmful to the children in order to make your case.


>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.
>

You will not get an annulment because a person has no duty to reveal their past prior to getting married. If you could show that your agreement to marry was in reliance on assertions by her that her past contained no criminal  behavior, then you might have a case for annulment, but proving this without a written document would be a practical impossibility.

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