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So lost and don't know what to do.

emma5678's picture

I want a divorce. I know my current situation isn't healthy for me or my daughter. However, I don't know how I can divorce, knowing that he will get 50/50 custody. I know that won't be good for her.

I have 2 stepkids that are with us full time. I have seen how he "parents" those kids (he doesn't). They are both screwed up now because of it. One is in legal trouble and the other one is traumatized. He is doing similar things with our daughter, but I stop it as much as I can. I know that when I leave, it will just be worse for her.

I still want her to have a relationship with him, but know 50% of the time is way too much and will cause her harm. I don't want her to be shut in her room all the time like my stepkids were. I don't want stuff thrown in her direction because he is mad. I don't want her to have to deal with being yelled at just for being a kid. I don't want her to deal with being pushed aside for a new partner. I don't want her to deal with him ignoring her needs because he is afraid of upsetting his mommy and daddy.

But apparently none of this matters in a court because it is "different kids" and a "different situation." I am honestly not sure if I can talk him into giving me primary custody.

What do I do knowing no matter what option I choose, it will likely harm my baby? 

ESMOD's picture

Have you actually sought legal counsel?  Are your stepkids you mention adults or minors living in the home.. (or if adults.. are they in the home also?)

I hope that the authorities were involved in the SA situation with the skids... and the reality is that your husband's behavior sounds abusive if he is throwing things at his children.

Do you think he really wants any custody? or do you think he would do it to be mean.. or to avoid paying CS.

I wonder if he was approached with the possibility of his son's and his own behavior issues seeing the bright light of day that he might be willing to agree to more limited visitation with your daughter?

Or..   if it comes down to it.. would you be willing to forego getting support from him if it meant he didn't exercise any visitation?  

You are in a tough spot.. and you need to get a lawyer.. and a very good one.. it will not be pretty.. but it seems like staying in this relationship for another 14 years is not going to be a great option and in the end... you may need to pay now to get out of a bad decision.

emma5678's picture

The stepkids are 15 and 16. He has full custody of both of them. CPS was involved with the SA and the abuser is in a treatment facility.

Him throwing things at them/in their direction was a couple of times, and no evidence.

He wants custody so he doesn't have to pay me/for appearances, and probably to keep his control over me.

I did talk to a lawyer. She is the one who said that the stepkids don't matter. the only thing that may matter is what may happen with the abuser when he gets out, but currently since it is so far off, even that doesn't matter currently. I didn't even get a chance to tell her most of his parenting of his kids before she said it doesn't matter.

I honestly don't know how to take that. I have never talked to a lawyer before about anything. I'm not sure if she was just trying to get the most general information in the limited time we had, if it truly doesn't matter no matter what, if i'm overreacting, etc.

Towards the end of the meeting, I asked how custody might go if it ends up at trial and she said she had no idea because she only has a few details about the case.

ESMOD's picture

If you feel the lawyer you have met with isn't a good match for you.. then find another one.  You have to have a lawyer you feel is on your side... but also one that will be honest with you.

Perhaps she is being honest in that your "opinion" that he wasn't an effective father as you evidence by how his kids are now (one a SA perpetrator).. is not necessarily going to sway a court to prevent him from having custody time with your shared child.

If you are not able to show that he or his home is an actual danger (not just you don't agree with his parenting.. ).. he is likely to get time with your daughter and it well could be 50/50.

I mean, clearly what happened with his older and younger son isn't good.. but whether his actual parenting caused it?  Whether  he should have known better? well.. there are parents that are wholly surprised by what their kids do.. he wouldn't be the first.

There is a likelihood you would get at least 50/50.. if you can't show an actual danger in his home.. the issue with the older son and where he might go after he is out of his facility.. well.. they probably won't prevent dad from having time now for some unknown in the future.

And.. I disagree that you can't overcom poor parenting in your home... My SD's didn't have the healthiest mother situation.. she was volatile emotionally.. and I wouldn't rule out her doing something like throwing a hairbrush in anger or something.. she ran hot and cold with the girls.. but you know what?  they are both "pretty fine".. and know that some of what their mom did wasn't right.. but also know their mom is a bit challened emotionally.. they love her.. but are also wise to her. (they are both adults now).

And.. you being in the home?  well.. you can't monitor your DH 24/7.. so it's not like your daughter will never be exposed to his parenting anyway. 

But.. I would try to find another lawyer.. and I would also take real stock of the issues you have with his parenting.. are outbursts very common.. or were they in response to unusual situations.. if you had cameras in the home.. would you capture the outbursts.. or are they pretty rare?

 

Rags's picture

of the time is not you harming your DD. It is far better to keep his time and influence to 50% rather than the 100% that both you and the DD are suffering now.

Distance is a benefit. A CO is a benefit and tool for managing the situation.  If his kids are near adult age, odds are he will not want a ton of time with a young child and may just remain mostly in the background.

That is how it worked with my SS's Spermidiot.  Our cross to bear was SpermGrandHag. DW had full physical legal from birth.  She filed for paternity and CS a couple of months before her son turned 1yo.  The Judge ruled on paternity, confirmed full physical and legal custody for my wife, and ordered a pittance in CS.

A couple of months later she moved out of State for college.  That is where we met. When the small town grapevine informed SpermGrandHag that she was seeing someone, the Hag forged her idiot son's signature and initiated a custody suit.  My then not yet bride's first response was to get a lawyer of her own and highlight the fraudulent custody suit and forgery on the filing documents.  In typical small town bullshit, rather than having her ass arrested, the Judge allowed them to re-file new paperwork under the Spermidiot's actual signature.

9mos after she had gotten the notification of the custody attempt by the SpermClan we were in court.  The Judge reconfirmed full physical and legal custody for my wife (we married 5days prior to the hearing), raised CS from $110/mo to $133/mo, and ordered 7wks/yr of long distance visitation.   One day after the hearing our son turned 2yo.

The Spermidiot took almost none of his visitation over the 16 years we lived under that CO.  Though the SpermGrandHag did.  As detestable as the Hag is, SS spending time with her was far better than him being exposed to his serial statutory rapist POS sperm source.

Play the long game, do not be kind to your STBX and do not let emotion get in the way of protecting your child. No child should have to be forced to spend more time than necessary with a substandard adult.  That is never in the best interests of the child even with the delusions of the family law court system.

IMHO of course.

Play to win, play to protect the best interests of your little one and of yourself.

Don't forget to take care of  you.  You cannot take care of your LO if you do not care for yourself.

Give rose

Our son will turn 33 fairly shortly.  6 days before that my bride and I will celebrate our 31itt wedding anniversary.   Since that court date approaching 31 years ago our son has proven himself to be a man of honor, character, and standing in his life, profession, and community.  As a juxtaposition, he has three younger also out of wedlock Spermidiot spawned half sibs by two other baby mamas that include one who is on the dole, one who is in prison on a long sentence for felony armed burglary, and one who is not far behind the inmate.

We never intended to, attempted, or prevented our son from having a relationship with his BioDad.  The Spermidiot rarely if ever engaged. There were multiple periods of a year or more where they refused all visitation and several more periods of a year or more where SpermGrandHag took the visitation and our son never saw his BioDad.  When it became apparent that the Spermidiot was not engaging in his visitation and dumping the kid on his Hag of a mother or even the baby's GGPs, we attempted to get the CO updated requiring him to be present for all of his COd visitation. Nope, the Judge ruled that what the Spermidiot did with his visitation was up to him and if he wanted to give it to his Hag of a mother, etc, so be it.

Take care of your DD.  Take care of yourself.

emma5678's picture

Thank you. I know 50% is better than 100% and needed to be reminded of that, it still breaks my heart. I hate how the court systems work. Yes, a child should have both parents in their life as long as they aren't a complete danger, but I hate how they often default to 50/50 even when one parent is clearly better than the other for the kids day to day needs. She would be better off with him a few hours a day multiple times/week rather than full weeks at a time.

ESMOD's picture

Why not try 2/2/3. 

Parent one M/T

Parent two W/T

Parent one F/S/S

parent two M/T

Parent one T/W

Parent two F/S/S 

See.. you end up alternating the weekends and splitting M-Th 50/50.

It would give you time to reset behaviors more often.. not have her with him for long stretches. (and if he bails on some of those switches.. all the better right?)

The thing is that they are really trying to not bias when they do 50/50.. "better" parent is subjective.. sure there are some extremes.. but is the parent with the better home to get preference.. or the one that is more educated? or the one that can bamboozle the judge best as to who is "better".. so absent real abuse they try to not take that part into account too terribly much... sometimes someone can make themselves look better.. when in reality they aren't.

 

frustrated78's picture

OP if you are in danger, if your child is in danger physically or mentally, do not pass go, get OUT.

Finding a good lawyer can be difficult.  It was for difficult to find a qualified one for my problems recently so I know.  You need to find one that has YOUR interest at heart and not one that wants to settle easily so the case is over and he can move on.

A woman's shelter in your area may be a contact.  They would know which lawyers are worth their salt and which ones are not for situations such as yours.

emma5678's picture

My mental health has suffered greatly because of him. I know her mental health would be affected if she was with him half the time. He broke me over the years. I have been in therapy for a year and thought I was doing better, but I have been having a really hard time this past week.

I thought I had found a good lawyer. There were many reviews that I read saying that this lawyer was really good, helped them get more than they wanted, that she fought hard for them, was there for them more than just as a lawyer, etc.

MorningMia's picture

Like others have said, find a good lawyer--one who gets your situation and who is a champion of children. On local Facebook pages, I have seen people post anonymously asking for info on finding a pit bull attorney. The responses came from people with firsthand experience and appeared to be extremely helpful. 
Do you live in a state where recording another person without their knowledge is legal? 
You think your husband will only want 50-50,to save money? Maybe, through your attorney, you can negotiate with him.

Best of luck to you in what sounds like a very difficult situation. Keep us posted. 

ESMOD's picture

I agree.. it may end up being a negotiation.. perhaps he would want less time.. if she was willing to accept less or no CS.. at what point is her daughter's safety worth it.. (if it is a safety issue)

emma5678's picture

That is how I found the one that I did. facebook posts asking about good lawyers. The one I chose was recommended by a few different people, saying she was a pitbull, etc. 

I live in a state where both/all parties need to be aware of being recorded, i've already looked into that.

I know he is mostly worried about money. That is all he cared about when he went through his first divorce, not wanting to have to give his ex any money.

The only thing that is allowing me to hold on by a thread is knowing that I am basically entitled to 50% of his assets accumulated during the marriage (200k total between banks, house, retirement, etc.).

The lawyer did confirm that if he can't buy me out, he would be forced to sell the house to pay me my portion. I know this will piss him off. The lawyer also said that I could "buy" more custody by giving up going for alimony. I am willing to give up some assets, but not everything.

I am hoping that the thought of him having to sell the house if it went to trail would get him to give me primary custody, but I honestly don't know with him. I can also see him not wanting to setlle hoping it would get me to drop the whole thing and just stay with him. Not going to happen.

Rags's picture

Get that crap out of your head.  This guy is a mean asshole. He has not earned kind or consideration.

So, do not sacrifice your well being and financial security over misplaced fee fees and worries.  Let your pit bull manage the interface and the process.  Do not settle for less than half.  He can either provide your half of assets that are not the house, they buy you out of the house with his portion of the non house assets or he can  sell.  If the house is that important to him the offer for him to keep it and give every other asset to you and.... primary physical and legal custody with only a visitation schedule may be a leverage point that your pit bull can leverage.

Divorce does not make anything all about the kids. If anything, it makes confidence, intelligence, and absolute and full commitment to forcing nothing but reasonable behavior from the opposition in the situation. Of course that necessitates that you are reasonable as well.

In the words of the immortal James Dalton, be nice  until it is time to not be nice. Though IMHO nice has no place in a divorce from a toxic partner.  Confidence, protecting your interests and your child's interests  are the priority.  There is no duty owed to the STBX.

Take care of you, take care of your child.

frustrated78's picture

My ex husband fought like crazy for custody he really did not want.  At that time I did not have a job, basically was a mess from the long divorce etc.  Looking at the situation HE had the stable income, he could give her more etc. and I wanted liberal visitation so I said OKAY, you can have custody and I will take visitation.

Boy did he change his tune fast.  He did not want a 6 year old girl to muck up his new love life.  For years it was always touch and go to see if he would show for every other weekend visitation.  I clearly recall her waiting outside on a summer day, by the car.  Her friend came over and wanted to play but she proudly responded she was waiting for Her Dad to pick her up.   Forty-five minutes latter he did not show, no call, nadda.  When I called her in for lunch she was very angry - AT ME!   For some reason she was blaming me for his not showing.  I had nothing to do with it, never talked to him or about him.

Same when she needed braces.  The court had ordered, during divorce proceedings that he was responsible and he had the insurance.  I took her to local dentist and he started process but stopped when bills not paid or insurance not submitted.  I paid the amount and took X to court to get it straightened out.  The AH judge REFUSED me relief for the recoup of the dental $$ as "I had already paid it".  He also refused to enforce the court order about X having to pay for the braces, etc.  Strange?  Yep, but my X was a big shot in a pharma co. in the county - you get the drift.

How I got the braces for my daugahter was to have My Mom call his Sister and tell her about the court order and that I had tried to get the  braces done but HER brother refused to pay or submit the insurance.  That worked, but the thing there was that I had to take her to a certain dentist near him that was about 2 hours from where I lived then.  You can see what he was trying to do because I worked and couldn't keep taking off.  Luckily my parents were retired and they drove her up there for the apts and I paid them for their gas.

He was a real piece of work.  He would take his honey and her kids to Disney World and sent my daughter a postcard about how much fun they were having, etc. while not letting her know he wasn't going to show up for visitation.

Sad thing?  Here some 40 years later she sees him as great and me as abusive towards her, which is not true.  That started after she was in a school play.   Told me she was going to be late, but when it got to about 10:30 and I hadn't heard from her I got concernd.  Called her friend and was told that last they saw her was still at the school with the Music Teacher.  Drove by school, a few cars out there but I could not get in.  So I went home and called police department.  They were very nice, told me that they couldl contact the janitor and would have someone check it out.

Well, by this time it is midnight, I get a call back from Police saying yes, she is there and I would be getting a call from her to come pict her up.  The janitor found them in the music room.  That never happened.   I can't say or prove what I think, but I can say that a squad car dropped her off and watched her come into the house plus waited a few minutes (probably to see if she would back out).

Oh was she hot and not talking to me.  Next day she comes home and is screaming at me that I got her music teacher in trouble, yadda, yadda, yadda.  I told her, no, I did not get him in trouble, he got himself in trouble by having you there so late on a school nite, alone.  I talked to school, but couldn't say if anything had happened other that her being there unchaperoned with an adult male teacher so late.

What did happen is that about 3 weeks later my daughter came home yelling at me again because the Music Teacher had informed her that he was just notifoied that his teaching contract was not going to be renewed.  Daughter was a junior at that time.

IMHO, I believe there must have been a lot more going on about this teacher than I was told and maybe there where even other such problems.   The guy had been at the school some 6 years, and was single.

After that she totally changed against me.  I was the BAD GUY.   Interestingly when she went to college, I was the one that still supported her, clothes, medical, etc. as chld support ended when she graduated from high school.  I got her her first car (it was mine) and she was pizzed because it was a stick shift and only had an AM radio, but that was all I could afford when I first bought it.  She was also pizzed that she had to live in the dorm at college and I would not pop for her to get an apartment.  Note folks, her Father never popped for that either.

Some 40 years later she is still angry with me.  I've given up.  Her loss.  I know that someday she is going to regret her actions towards me and will require a lot of therapy to face what she did.

Today she accuses me of things that never happened.  

frustrated78's picture

Oh, she lived with me in the summer.  One day my H and I came home and found her and her BF, well you know what, on the couch.  Evidently they didn't hear us come in.

I wasn't happy and told her that she and he should get themselves a motel because I didn't approve of that kind of behavior in the house.  She put her face upto mine and told me that she could do anything she wanted as she lived here, I said no.  To which she told me she was moving out and left, with BF, that night.

She first went to my Mom who put her up for the night but made it clear no hanky panky in her house.  Her Dad?  He didn't want her around after that summer so he arranged for her to go live with his sister during college breaks and he paid his sister for her expenses.  That is basically when I became the evil monster.

After college she sued me wanting the furniture that was in her old room, which she claimed "was hers" and also for me to pay $15,000 toward her student loans.  She didn't get anywhere.  My lawyer actually laughed at her in court by  asking her if she had paid for that furniture.  When she had to reply no, he then told her it was not her's unless I wanted to sell it to her.  Interestingly, my X backed her up in this bogus lawsuit.

Trudie's picture

...I truly feel for you. I have been in your shoes. This reminds me of when my kids were very young and I wanted out. I booked a consultation with the biggest shark, she had quite the reputation. I left her office in despair after she told me that I would lose my kids because their dad was their primary caregiver (I worked full time and he didn't, other than a 'hobby' job that was seasonal. Any money he earned did not go to the family, it went in his pocket. I paid for EVERYTHING!) and would get custody while I would pay child support and alimony. I argued that I only worked 3 days a week and I cared for them on my days off, plus taught at their Sunday school and volunteered at their pre-school (and later in the school system). She told me it didn't matter, because he was the stay at home parent. (I still do not understand that to this day. He was abusive, didn't work, etc.) My parents offered to pay for the custody battle. I opted not to go that route and I stayed. It was not ideal, but it made sense to me. I was not about to gamble on the welfare of my children. I knew I could lose in court. (His parents are worth millions.) I felt staying was better for my children because I would be there, as opposed to having visitation. I also knew that he would have his parents watch the kids. (The same parents who knew he was abusive, but just pretended it wasn't happening. And blamed me for saying something.)

I understand the dilemma of what you are facing. Please speak to another attorney. Arm yourself with the legalities, examine them closely, then carefully choose your path. Sometimes we make concessions if the good outweighs the bad. Only you will know what is right for your situation and for the health and safety of your daughter. Blessings to you; I care and wish you the very best.