ForeverDad
Retired Staff
Offline
Gender:
What is your sexual orientation: Straight
Who in your life has "personality" issues: Ex-romantic partner
Relationship status: separated 2005 then divorced
Posts: 18438
You can't reason with the Voice of Unreason...
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« Reply #1 on: July 10, 2013, 01:57:15 PM » |
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First, let me say that no parent should involve the children in adult matters. Not only should children not have to 'choose' between parents, they also should be allowed to just be kids who hopefully can love both parents.
Coming home... . Whether he "comes home" or not is a matter in which you have a say. If he 'left' then you can take the position that you have possession of the home for residence. But it hinges on what you'll be doing legally. If you don't divorce or separate I don't know whether you can tell him not to come back.
What is your long term goal? (Granted, your decisions hinge on his actions and reactions, the future depends on whether your spouse will improve his behaviors and behavior patterns, but for now you have to assume there won't be major improvements, that the past will be the predictor for the future. His challenge would be to - over time - prove that working assumption wrong.) Are you going to divorce? If you don't divorce or legally separate (uncommon) then legally there will be no parenting schedule to enforce, well, not unless CPS gets involved and concludes he is substantively abusive, neglectful or dangerous. In many cases, CPS won't get involved or stay involved unless it's seen as really bad.
Generally, orders don't allow the other person to limit contact to typed texts or have one parent play referee, interpreter or editor. If it's that bad then maybe supervised contact is necessary. But be aware that courts and CPS often set high bars to met before restricting contact. Some low level distortions or badmouthing may not trigger their consternation or action.
In my case, I concluded that in my area only the worst behaviors were considered actionable, generally physical. In the final months before separation, I twice called CPS when my then-spouse had been especially aggressive verbally, ranting and raging at me. Both times they asked, But was she raging or yelling at your preschooler? I had to answer, No. I was told it wasn't actionable if he was just a spectator and audience and not the focus. On the second call I was told that I'd probably have to divorce. Turned out, that's what eventually happened. But family court was almost worse, it ignored virtually all misbehaviors. I concluded court expects parents to be on edge but also expects them to work it out, court prefers settlement over trials. It's almost like the officials don't try to stop or block every emotional bump and bruise the children get, only the worst of it. Yes, your Mama Bear instinct is to protect your child from every single hurt, but court doesn't see that as practical or even advisable.
I know it hurts that your spouse is trying to negatively influence your child. Perhaps he doesn't perceive it as bad, remember a pwBPD's thinking is not normal or reasonable cognition. It's likely he's trying to gain subtle leverage over you through her, seeking a negative advocate. However, he has awoken the Mama Bear in you. You may need to seek legal consultations or even discuss the matter with CPS before you conclude what your options are. Once you know how family court or children's services will respond you will be able to better determine your options and ways to proceed.
PS - Most states are No Fault states more or less. That means they don't care about the adult behaviors, the behaviors between adults. So his affair, whether ended or not, may or may not make a difference in your legal options. Get a consultation for specific legal advice in your area. When deciding custody and parenting time, courts seem to give far more attention to parenting behaviors than adult behaviors, so while you can mention everything, give the most focus to the parenting behaviors.
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