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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31015
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I'm getting a divorce I have two girls who is in my custody.

Customer Question

I'm getting a divorce I have two girls who is in my custody. My wife has little interest in taking the kids yet she would rather see the kids at my house and say " we are still a family" while she is living with another man that she cheated on me with and has no interest to come back. She is immature, her grandmother told me she is bipolar and had been off medication for years and denies being pupil at yet her mood swings are two three times a week. She can barely hold a job and has sexual exploits that she tells me constantly. She plays mind games with me and the kids. Only good thing she has been doing is giving me $400 a paycheck to help out with daycare.
My question is I'm tired of her emotional abuse yet the custody order states no legal ramifications other that I have to have written statement to her if I go out of the state, I cannot hide the kids or secret them away. There is no schedule set. So I assume that she must see the kids right? I want as little contact from her as possible as I'm still trying to cope emotionally. Do I have to let her see the kids until there is a parenting plan and how much time should I let her see them? Once a week, once every other week? I'm really lost on this!
Submitted: 7 months ago.
Category: Family Law
Expert:  Roger replied 7 months ago.
Hi - my name is ***** ***** I'll be glad to assist. What is your question?
Expert:  Roger replied 7 months ago.
I see it now....just loaded...
Expert:  Roger replied 7 months ago.
Is there a temporary custody order currently in place?
Customer: replied 7 months ago.
If you need to see the custody order I can snap a picture.
Expert:  Roger replied 7 months ago.
No, I don't necessarily need to see it....I just wanted to know if the court has ordered that you are to have custody of the children...
Expert:  Roger replied 7 months ago.
IF the judge gave you physical and legal custody of the child, and didn't give the mother any custody rights and if the court didn't set any visitation rights for the mother, then she possibly has no such rights.
Expert:  Roger replied 7 months ago.
In that case, her ability to see/visit with the children would really be up to you and what you want to allow. However, the mother could file for visitation to be established.......and if that occurs, the judge could set visitation times for the mother.....and if that occurred, you'd have to comply with those mandates.
Expert:  Roger replied 7 months ago.
But, if the order gives her visitation rights, then you'd have to accommodate her right to such visitation.......and if you can't agree between yourselves as to what exactly to do or when exactly to hold visitation, your only real option is to go back to court and ask the judge to set a schedule.
Expert:  Roger replied 7 months ago.
Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!
Expert:  Roger replied 7 months ago.
Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!