Home page of BPDFamily.com, online relationship supportMember registration here
May 02, 2024, 06:08:35 PM *
Welcome, Guest. Please login or register.

Login with username, password and session length
Board Admins: Kells76, Once Removed, Turkish
Senior Ambassadors: Cat Familiar, EyesUp, SinisterComplex
  Help!   Boards   Please Donate Login to Post New?--Click here to register  
bing
VIDEO: "What is parental alienation?" Parental alienation is when a parent allows a child to participate or hear them degrade the other parent. This is not uncommon in divorces and the children often adjust. In severe cases, however, it can be devastating to the child. This video provides a helpful overview.
204
Pages: [1]   Go Down
  Print  
Author Topic: Seeking joint Custody and peaceful relationship with wife now seperated  (Read 392 times)
Foolsgold

*
Offline Offline

Gender: Male
What is your sexual orientation: Straight
Who in your life has "personality" issues: Ex-romantic partner
Relationship status: Seperated
Posts: 32



« on: November 15, 2016, 04:54:17 AM »

Anyone have any advice. I haven't seen my son since June as she is using him to ounish me. I have compassion for her but I'm at complete list as how to help her it be there for my son.
Logged
ForeverDad
Retired Staff
*
Offline Offline

Gender: Male
What is your sexual orientation: Straight
Who in your life has "personality" issues: Ex-romantic partner
Relationship status: separated 2005 then divorced
Posts: 18141


You can't reason with the Voice of Unreason...


« Reply #1 on: November 15, 2016, 09:58:46 AM »

Evidently yours is a complicated situation.  Non-biological father but listed on the birth certificate?  A few questions.  How old is he?  Did you know he wasn't yours biologically or did you find out later?

On the one hand, a non-biological father such as a step father has little or no rights to parenting unless the child has been adopted.  On the other hand, having your name on the birth certificate should tip the scales in your favor.

Be aware that in some states a father who walks away can be locked into Child Support even if he's not the biological parent.  A lot can depend on when the father found out he wasn't a parent.  Check your state laws!

Clearly, you need to get multiple family law consultations to get an assortment of legal advice and strategies going forward.  Making guesses and assumptions is not a good strategy.  This is not a matter to entrust to a lawyer who expects to just file forms and hold hands.

Now, as for the child... .Mother is already probably telling the boy that you abandoned him/them, that you walked away, that you didn't care about him, that you didn't love him.  So she's indoctrinating that.  So if you think it's better to walk away, how can her description of you be disproved to him?  Her side would be all he hears year in and year out.  Yes, struggling in court to remain a father to your child is probably the only way he will be reminded through the years that you are fighting for him and his future.
Logged

Foolsgold

*
Offline Offline

Gender: Male
What is your sexual orientation: Straight
Who in your life has "personality" issues: Ex-romantic partner
Relationship status: Seperated
Posts: 32



« Reply #2 on: November 15, 2016, 04:23:05 PM »

I'm thinking... .ask the guardian ad lit her opinion as she is experienced in this area. If she says it will be worse for son then I let go. But I think I am going to file an offer to her attorney a. She has full custody and at her discretion on IF and when I get visits. My discretion on financial support. Keep my name on birth certificate. Or  B. One weekend per month w financial support. Or C. Battle it out in court.
Logged
ForeverDad
Retired Staff
*
Offline Offline

Gender: Male
What is your sexual orientation: Straight
Who in your life has "personality" issues: Ex-romantic partner
Relationship status: separated 2005 then divorced
Posts: 18141


You can't reason with the Voice of Unreason...


« Reply #3 on: November 15, 2016, 05:21:55 PM »

... .an offer to her attorney a. She has full custody and at her discretion on IF and when I get visits. My discretion on financial support. Keep my name on birth certificate. Or  B. One weekend per month w financial support. Or C. Battle it out in court.

Why only one weekend per month?  One typical perspective with new members is that most are willing to sell themselves short.  If you want to stand up for the child, then stand up.  Standard is alternate weekends or else 2-3 weekends per month (such as first, third and fifth weekends).

Repeat, if you will be getting visitation, then know full well that all courts consider alternate weekends (mine were long, full 3 day weekends, Fri pm to Mon pm, or Friday after school to Monday before school) is the least a parent gets unless there is some level of concern about that parent's parenting.

Also, courts are very unwilling to order sole custody to one parent unless there is solid reason to do so.  Or if the parent wants to give up custodial responsibility.

Also, I don't think a father can avoid child support.  My court said all mother had to do was to file for it and they'd pull out the calculator.  So even if she agrees not to file for CS and it becomes part of the order, she could later seek CS and probably they'd allow it.  Of course, if you're not viewed by the court as a parent they may not come after you later.  But get a legal opinion about that too.  Remember the old saying, the worst patient is the person who has himself for a doctor?  Same goes for legal advice, you're not a lawyer so don't try to be your own lawyer.  Even our excellent peer support here has its limits, we have tons of hard won experience but we still can't give legal advice and especially not local legal advice.

Also, understand that when you present an offer, you may view it as this or that.  Ex will view it as your starting point and she'll be focused on whittling it down smaller and smaller.  I recall I started out being 'fair'.  I told my then-stbEx I thought 50% time was right.  She totally refused (she demanded that I have supervised visits!) but with the poor reports eventually before the court at literally the last minute, just before the long awaited Trial was to start, she settled and I not only walked out with equal time but also as Primary parent.  While fathers have an uphill struggle to get results that good, the point is that you don't have to settle for crumbs.  Frankly, you might end up with crumbs if both she and court are unhelpful but it doesn't mean you should start out asking for crumbs! Thought

Also, any offer you make can have a deadline attached.  An offer is not a forever one, it can expire or even be rescinded.  Nothing is "written in stone" until the settlement is made a court order.  Even then, it can be modified after a year or two and especially if there are major changes to either parent's circumstances.
Logged

Foolsgold

*
Offline Offline

Gender: Male
What is your sexual orientation: Straight
Who in your life has "personality" issues: Ex-romantic partner
Relationship status: Seperated
Posts: 32



« Reply #4 on: November 22, 2016, 07:51:52 PM »

Why only one weekend per month?  One typical perspective with new members is that most are willing to sell themselves short.  If you want to stand up for the child, then stand up.  Standard is alternate weekends or else 2-3 weekends per month (such as first, third and fifth weekends).

Repeat, if you will be getting visitation, then know full well that all courts consider alternate weekends (mine were long, full 3 day weekends, Fri pm to Mon pm, or Friday after school to Monday before school) is the least a parent gets unless there is some level of concern about that parent's parenting.

Also, courts are very unwilling to order sole custody to one parent unless there is solid reason to do so.  Or if the parent wants to give up custodial responsibility.

Also, I don't think a father can avoid child support.  My court said all mother had to do was to file for it and they'd pull out the calculator.  So even if she agrees not to file for CS and it becomes part of the order, she could later seek CS and probably they'd allow it.  Of course, if you're not viewed by the court as a parent they may not come after you later.  But get a legal opinion about that too.  Remember the old saying, the worst patient is the person who has himself for a doctor?  Same goes for legal advice, you're not a lawyer so don't try to be your own lawyer.  Even our excellent peer support here has its limits, we have tons of hard won experience but we still can't give legal advice and especially not local legal advice.

Also, understand that when you present an offer, you may view it as this or that.  Ex will view it as your starting point and she'll be focused on whittling it down smaller and smaller.  I recall I started out being 'fair'.  I told my then-stbEx I thought 50% time was right.  She totally refused (she demanded that I have supervised visits!) but with the poor reports eventually before the court at literally the last minute, just before the long awaited Trial was to start, she settled and I not only walked out with equal time but also as Primary parent.  While fathers have an uphill struggle to get results that good, the point is that you don't have to settle for crumbs.  Frankly, you might end up with crumbs if both she and court are unhelpful but it doesn't mean you should start out asking for crumbs! Thought

Also, any offer you make can have a deadline attached.  An offer is not a forever one, it can expire or even be rescinded.  Nothing is "written in stone" until the settlement is made a court order.  Even then, it can be modified after a year or two and especially if there are major changes to either parent's circumstances.
  Attorney advised to go for full custody and hope to get Joint at least if not then visitations.  My Psychotherapist said be prepared for full custody as sometimes is the case because she is pretty severe case.  I asked BPD Mothers on FB Forum they all said stay as Father.   
Logged
Can You Help Us Stay on the Air in 2024?

Pages: [1]   Go Up
  Print  
 
Jump to:  

Our 2023 Financial Sponsors
We are all appreciative of the members who provide the funding to keep BPDFamily on the air.
12years
alterK
AskingWhy
At Bay
Cat Familiar
CoherentMoose
drained1996
EZEarache
Flora and Fauna
ForeverDad
Gemsforeyes
Goldcrest
Harri
healthfreedom4s
hope2727
khibomsis
Lemon Squeezy
Memorial Donation (4)
Methos
Methuen
Mommydoc
Mutt
P.F.Change
Penumbra66
Red22
Rev
SamwizeGamgee
Skip
Swimmy55
Tartan Pants
Turkish
whirlpoollife



Powered by MySQL Powered by PHP Powered by SMF 1.1.21 | SMF © 2006-2020, Simple Machines Valid XHTML 1.0! Valid CSS!