I am currently going through a divorce in California (we have been separated since November of 2009; divorce was filed November 2010). We have one child together (3 year old son). I am on active duty with the CA Army National Guard, she is a dental assistant working 20-30 hours per week. My ex is seeking full custody, spousal support
, and attorney fees. We were married for 4 years and 7 months at separation, we have been married for 6 years and 2 months at this point in time.
My ex left our residence September 2010, leaving my son with me for two months before we verbally agreed to 50/50 custody. I pay for all of my sons expenses, to include daycare (which she refuses to split), healthcare (tricare provided by Army), clothing.
I have logs displaying my ex's behavior while she lived with me at our jointly owned residence (always going out at night, leaving me with our son; taking my son to my parents, who live two hours away, while Im at work).
I have a print screen of my ex facebook status stating "I'm so mad i could kill someone! dont f**k with me (my name)! you have no idea who you are messing with!
I have photos of the master bedroom she was staying in when we were living under the same room where she had dirty laundry and trash EVERYWHERE, dirty dishes with months old food still in them, and items such as scissors laying around where my son can get to them.
When my ex lived with me, I was the one to prepare my son for daycare, and take him/pick him up every day. This is documented in my logs.
I have a police report from when she was making harassing calls to my work and command.
In my ex's "declaration in support of her order to show cause" where she is seeking full custody, she states that I am an unfit father with severe anger issues (using my treatment for PTSD as a "means" for proving this; the army enrolled me for treatment when I was seeking marital counseling through the Army). She also states that I kicked her out of our residence, and bullied her into splitting custody by telling her that she will not see our son at all if she does not agree to 50/50 custody.
What do I need to have in my response? What do I need to convey to my attorney (who is not pro-active)? What approach do I need to take? What supporting documents will help my case?
Any advice you have would be GREATLY appreciated !!!