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Access to a child
My husband and I have separted since christmas of 2008. He has not seen our Daughter since he left and told me previously he has no intention of seeing her as he will be moving back to the country he is from. We built a house together and he left this house after we separated. Recently I received a phone call from him asking why I am going to continue living in this house, I don't see why I should have to lose my house just because he wanted out of the marriage. As his name is still on the mortgage he has threatened that if I don't agree to the sale of the house he will try and get our daughter off me. I live in Ireland and I know by Irish law I am entitled to live in my house until my Daughter is 18, I then can either buy him out or sell the house, Until then if my husband wants any profit from the house he must pay his half of the mortgage. My problem is this.. he has now carried out his threat of trying to get my daughter, I have received letters from his lawyer that a court date is in order.. I know he only wants his daughter to blackmail me into selling the house, as his intentions are not good towards my daughter, I fear that should the court grant him unsupervised access that my daughter will be harmed in some way.. what should I do? My lawyer has advised me that the Judge won't know us and will only deal with what he hears on the day of court, it will be my word against his.. I know he will pretend he had a change of heart and really wants his little girl, but I know this is not true.. have you any advice on what I should do now, or when it goes court, Im at a loss. My daughter is the most important thing in the world to me.
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I'm not sure what to do in the current situation, but I wouldn't trust him. Remember that if he doesn't sign away his parental rights, he could come after her at a later time, even after you agree to sell the house. There's nothing to say that he would keep his end of the deal if you give him what he wants. Just something to consider, sorry I couldn't help more. |
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You have done the right thing in retaining a lawyer. You should be countering his custody/visitation request with your own custody and divorce proceedings. But I would take whatever advice your lawyer gives you in preparing for the hearing. |
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