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mzspaz · Mar 10, 2007, 07:22 PM

What are my rights. My husband and I our separated but living in the same home and have 3 small children. I was diagnosted a year ago 2 yrs ago with bi-polar. I also battle depression. I just told them of my cocaine addiction of a year. He tells me he has all the paper work to have me removed from the home, as I am no good for the home, children and him. He has told me I have to go to rehab. Until then I am not to go out with friends or basiclly not leave the home. He has threatened taking the kids if I do. I have been a stay at home mom for 8 years. Please help.

Trapped

Fr_Chuck · Mar 10, 2007, 09:02 PM

You have the right to hire an attorney and sue in the divorce for what ever terms and conditions you want.

If you are bi-polar and have a drug addition you need to get help so you can be of any help to yourself.

And someone has to move out, and it may be who ever files best.
( and you are not separated if you live in the same home, you are merely not sleeping together)

s_cianci · Mar 12, 2007, 06:46 PM

Strictly speaking, your husband cannot tell you where you can or cannot go. However, he can and no doubt will use your illness, cocaine addiction and anything that even remotely looks like neglect (e.g. going out late at night) as fodder against you in a custody battle if it were to come to that. That's not to say that he'd have a hands-down, cut-and-dry case but it would certainly stack the odds against you.

vlee · Mar 12, 2007, 11:34 PM

Originally Posted by mzspaz

What are my rights. My husband and I our seperated but living in the same home and have 3 small children. I was diagnosted a year ago 2 yrs ago with bi-polar. I also battle depression. I just told them of my cocaine addiction of a year. He tells me he has all the paper work to have me removed from the home, as I am no good for the home, children and him. He has told me I have to go to rehab. Until then I am not to go out with friends or basiclly not leave the home. He has threatened taking the kids if I do. I have been a stay at home mom for 8 years. Please help.

Trapped

Get a lawyer! First, if you own the home together, or rent and are both on the lease, he can't force you to leave unless you are a danger to him or the kids. Second, he can NOT dictate where you go or what you do. This blackmail is a form of control, which you need to record and document. If you are getting help for your problems you are just as eligible to care for your kids as he is. Alo, if he is threatening to expose your former lifestyle to the court system, you need only remind him that he was present during these times, and never saw anything neglectful in your behavior, because if he had, he would have been legally obligated to report it immediately! And another note, I don't know where you live, but in my state, you CAN be legally separated AND live under one roof with your ex. I strongly urge you to seek as all the professional help you can for yourself, as your children will need you to be at your best should they live with you, and you will have no chance of being with them if you are unable to care for yourself. Best wishes to all of you.