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View Full Version : Middle of divorce and spouse is not wanting to grant visitation.


danp5611
Aug 1, 2010, 06:58 AM
My life for last four and half months. I have always considered my children and wife first in everything I did in my married life. Finances got very tough with last year and wife at that time obtain employment after being home with children for last 13yrs. After she started to work she would not cash checks in are mutual account she would cash them and would hold money and when asked she said she was not comfortable putting money in our account. I would always care for and watch over my children while spouse started working and felt great about the time had with children from cooking, cleaning, homework, picking up from school, working myself fulltime job but felt I could handle. My souse came home oneday and you child has fear of storms while in school and I was trying to reason with him to calm him downt and the mother came in got in my youngest child's face and screamed at him your going to school no matter what and he was shaking. I was upset and told her thatshe couldof handle it a little bit better and than she started on me saying how unfit of father I am and ccrazy gestures. I did raise my finger at her and she was so close that my finger touched her lip and she stated I hit her and called police. The next thing I know being arrested for battery domestic violence. I had to go through all this turmoil for 120 days due to court system and could not have contact with wife or third party(just set by court no injuction set) Least say charges were dropped. I then filed for divorce which was last straw, she could control me but when jail came into perspective There was no love or care on her part. After all this I started to pay child support through attorney and wanted to get visitation started due to wife agreed on shared visitation in beginning process of divorce in 05/10. We never received response from her attorney again after request from my attorney. My attorney than filed for emergency vistation order and was denied byjudge due to not an emergency. My reply not seeing children for four months is not a emergency. Since than my attorney sent another motion that I would go to pick children up at 5:30 Pm on 07/14/10 and drop of at 8:30 that night and would return Friday and have for weekend with return on Sunday. We waited fro resp. from attorney nothing and kept calling. Finally on 07/14/10 her layer calls and states changing motion to supervised vistation due to letter from licensed social worker and would not provide letter to my attorney. I as father called this social worker office stated who I was and interested in my child well being and would like to have a consulte with her in regards to my child. Refused stated that I would need consent from wife. I stated custody has not been established I am still legally his father and you are billing my insurance with my name as well as everyone else. Now once again I am at a stand still from seeing children. After I decided to divorce I realized how controlled I was by my spouse always would have to do things her way, money control, I even bought wife a brand new care and I had old car no air and on weekends while she worked her car sat in working parking lot it would have been nice if she stated I talk old care so while you and two boys are running around would have air conditioning, the thought would have been nice to hear and never was only example of many. I send cards to children every week but do not know if they get them it is so heart wrenching for me at this time I feel hopeless. I wish for some good advice or help. All I want is to tell my children I love them and hug them and begin a life of much fun, happiness and memerable times so they know I also the other parent due care and want to be part of their life.

JudyKayTee
Aug 1, 2010, 07:38 AM
You have posted this in the legal threads -

If you want visitation your Attorney (and you appear to have one) has to make or continue to pursue a custody motion. What you bought or didn't buy does not matter.

Fr_Chuck
Aug 1, 2010, 07:44 AM
The judge will have to issue a order to visit and if wife does not obey be held in contempt.

Often any contact with any agency and not using your attorney can be harmful, esp if we get angry and may say things out of turn.

tickle
Aug 1, 2010, 07:56 AM
My heart goes out to you in this terrible predicament, danp. I don't have any constructive advice for you at this point because I am not conversant with how to control the problems you are having with your divorce. Hopefully one of our experts will log on soon, but it is pretty clear to me your attorney is not working in your best interests here. Perhaps you need to find another one who can use your money better then it has been.

Tick

cdad
Aug 1, 2010, 03:01 PM
What you need to do is request a parental custody evaluation. Ask your lawyer about it. Have the courts order it. Also you need to push on the visitation issue. Parental alienation is serious and this is what's happening right now.

ScottGem
Aug 1, 2010, 04:33 PM
First it would help to know where you live (general area). Laws vary by area. Second, Your spouse doesn't "grant" visitation, a court does. So you need to continue to proceed to get the court to issue an order.

What happened to the assault case? Without any evidence of physical damage why would it even be prosecuted?