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gfhelpingafriend · Nov 12, 2006, 01:28 PM

OK here's the story!
David is married and he is been separated for about 8 months and his wife has their daughter in califorina and she won't let david see his daughter
So he is just filing for a divorce now and he wantshis daughter half the year until she starts going to school and then he want her to go to school here (canada)and visit maegon (wife/mom)during the holidays can he get that and how ?

J_9 · Nov 12, 2006, 01:35 PM

He will need the expertise of a family law attorney.

ScottGem · Nov 12, 2006, 02:23 PM

Generally, a divorce court will grant primary custody to the mother unless she can be proven unfit. So I would say its unlikely he will get full custody so she can go to school in Canada. He might be able to get what he is proposing for his wife, but not the reverse.

There is also a matter of jurisdiction. I really haven't a clue where the divorce needs to be filed or adjudicated.

Bottomline is what Janine suggested. Get a good divorce attorney.

gfhelpingafriend · Nov 12, 2006, 10:00 PM

I am not sure if she is unfit I know she has had social service called on her a few times and she has moved to 3 different states in the last 2 months and she doesn't have a job and doesn't really have an income to support her daughter she has been asking for money from friends and family! And he has a divorce lawyer! So I guess we are just going to have to wait it out

ScottGem · Nov 13, 2006, 06:25 AM

I would suspect his attorney told him this, but he needs to document everything. If Social Services has been called, he needs to list when, what agency and the social worker. If he can get a copy of the determination, even better.

Show proof of her many moves and lack of income. If the home life is as unstable as you say, then it increases his chances.

gfhelpingafriend · Nov 13, 2006, 12:41 PM

He hasn't seen his lawyer yet but I told him he has to keep record of everything that has happened so on and he is doing good with that but he is still scared that maegon isn't going to cooprate and make this divorce even uglier then it has to be! And he is not going to budge if she doesn't lower the child support!! Can he do that if he doesn't get his daughter for half the year.

ScottGem · Nov 13, 2006, 12:50 PM

Part of this is going to be up to the judge. She can make it as ugly as she wants, but he needs to take the high road so she comes out the heavy.

gfhelpingafriend · Nov 13, 2006, 01:16 PM

I agree 100% but who knows what he is going to do or her for that matter!!