I live in Nevada. I am married with 3 & 2 year old daughters. My wife has reached the point where she wants a separation (but says she does not want a divorce). For the term of our relationship she has struggled with everyday life: organization, scheduling, sleeping disorder, proper care of the children while I am at work, a lack of career and a lack of helping with our family's finances during these rough economic times. She is tired of hearing my disappointment, dissatisfaction and criticism from the issues listed along with other sub-standard issues that were not in-line with our families quality of life.
At first, I was 100% against any of her plan, but I am tired of fighting a losing battle. Although we are still set to attend counseling, it is obvious that we cannot find a situation were our everyday life is comfortable living under the same house.
A couple of months ago she went behind my back and created this gameplan to pursue renting a small house in a bad neighborhood and getting some sort of child aid for the girls to go to daycare. Obviously, she is set on taking the girls with her, and I assume she is dependent on it b/c she will be expecting me to pay some sort of child support
or something during our separation.
I need to know what rights I have b/c one of the reasons I have had such a hard time with her is her unfit mothering (letting the girls run amuck without proper supervision at times, being too tired to wake-up and deal with the girls in the morning, basically doing the minimum amount the majority of the time where I usually arrive home to a very messy house and a chaotic situation. There's been more than a few times I have worried about the general safety of my girls while at work and there have even been a few times were friends or previous neighbors have inquired about some worrisome situations they have observed (girls being unattended in the yard, etc.).
I have accepted the fact of her leaving, but I do not want her to take the girls. She has not proven that she can handle the current situation when she is ask to only do half the work, what am I to suspect if she has them all the time?
At this point I must mention my wife takes medication for depression and fibromyalgia. I know the medication is suppose to help, but her diagnosis' are 2 huge reasons to our marital and family problems.
If I can somehow show that our current household (located in one of the nicest/richest areas in Sparks, NV) is a more structured and better environment for the girls with me, can I legally stop her from taking them and bringing them into a new environment that is poor with a higher crime rate and no guarantees that my wife's instability will cause more endangerment than good for them?!?!
Blame and simple (although she won't admit it), she knows she needs to have possession of the girls if she plans on getting any of my money. How can I stop her from 'using' them in that fashion?
I want to avoid her 'getting away' with not really accomplishing/supporting anything during our marriage, but now expects that I will pay for her 'single life' so she doesn't have to get a real job or something???
Should I just file for divorce and ask for full or joint custody
and nip this situation in the bud, or would I have little success with that since I am a male and females are usually favored?!
Thank you greatly for any response!