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Home > Law > Family Law   »   can my ex boyfriend get 50/50 easiely?

 
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Old May 31, 2008, 12:25 PM
frustratedmom
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can my ex boyfriend get 50/50 easiely?

I am in the middle of a hugh nasty custody battle with our 3 children. We live in California

I was never married to him, never lived together or has he helped raise them. To start from the beg., he was married and i was his mistress. His wife learned of our first 2 kids when our 2nd boy was 5 months. By this time though they had seperated. I found out when I was in the hospital for emergency surgery to remove my appendix that she beat him. I found out when I got home and my neighbor was watching them so I could rest and she came in and asked who was Susan, I said their dads wife (they didn't live together then) and I asked my neighbor why and she told me that she obviously beat him and I she brought my son to me and he was covered in bruises. So we had her investigated and she got a 1 yr restraining order- I didn't go back to re-new it because she, I thought , was out of the picture.

Anyways- my jerko ex is fighting me for 50/50 and so far- he has been only given monitored visitation and now we are doing a 730 evaluation. Except our evaluator is totally biased because she is HIS evaluator and HE is paying for her. My ex is refusing to sign the release for her to talk with the DCFS worker to prove to the courts that this was all factual! What can I do there and will the judge (because of his whining) give him 50/50? We live an hour apart and soon 2 hours apart when I move this summer.

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Old May 31, 2008, 12:57 PM   #2  
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Ok, what did the childrens father do, did he beat the children, if so he would be on moitored visits for a while untill he proves he is not a threat.

If he did not harm the children but it was his ex wife that did it, he should not have even gotten the monitored visits.

But if the courts don't find him pesonally to be a threat, of course he has a good chance to get at least full visitation, and he has a chance to get joint custody.

He is the father, and he has such righs.
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Old May 31, 2008, 02:14 PM   #3  
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I agree he is the father and he should be able to visit the kids- but he doesn't even want to do that. He is ordered monitored visitation because his ex wife beat our oldest child and then he was stupid enough to tell the judge that he is a canidian citizen and he can take the kids out of this country and there was nothing the american courts can do.

With the visits now he is entitled to 4 hours 3 times a week- he has been only doing 2 hours and then he sometimes cancels- but to the court he is saying he is entitled to 50/50 and he will keep taking me back to court for as long as it takes til he gets what he wants. He told me that he will never pay me a dime of child support- This is a man that makes well into the 6 figures a year and lives in a 5 bedroom home and drives a brand new lexus that he paid cash for and complaines to the court that I have a leased SUV and that he is making it a big deal that I am not working.

On your answer to that girls question when i said that the PACT instructor said that 30 min. for visits at that age of less than 2 years old- Well our judge went by that and gave my ex boyfriend 15 minutes with our youngest til she is 1 !/2 then he gets an hour. Our youngest is now 14 months.
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Old Jul 5, 2008, 08:07 PM   #4  
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Quote:
Originally Posted by frustratedmom
I am in the middle of a hugh nasty custody battle with our 3 children. We live in California

I was never married to him, never lived together or has he helped raise them. To start from the beg., he was married and i was his mistress. His wife learned of our first 2 kids when our 2nd boy was 5 months. By this time though they had seperated. I found out when I was in the hospital for emergency surgery to remove my appendix that she beat him. I found out when I got home and my neighbor was watching them so I could rest and she came in and asked who was Susan, I said their dads wife (they didn't live together then) and I asked my neighbor why and she told me that she obviously beat him and I she brought my son to me and he was covered in bruises. So we had her investigated and she got a 1 yr restraining order- I didn't go back to re-new it because she, I thought , was out of the picture.

Anyways- my jerko ex is fighting me for 50/50 and so far- he has been only given monitored visitation and now we are doing a 730 evaluation. Except our evaluator is totally biased because she is HIS evaluator and HE is paying for her. My ex is refusing to sign the release for her to talk with the DCFS worker to prove to the courts that this was all factual! What can I do there and will the judge (because of his whining) give him 50/50? We live an hour apart and soon 2 hours apart when I move this summer.
Get a good Lawyer if you are in OC I know one, Basically in Calif if you are the dad you get 50 Legal automatically, the 730 is good, remember the visits are monitored for a reason!! Document EVERYTHING!
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Old Jul 5, 2008, 09:41 PM   #5  
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You have a lawyer, right? You are receiving child support, right? You are asking the court to raise your support, right?
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