mek0210
New
Reged: 05/27/08
Posts: 3
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My husband and I have been married for 12 years and have been separated for the last 2. We have 2 children. A 7 year old boy and a little girl who is almost 2. My husband got involved with another woman, who it turns out, is a user and mentally unstable. He and her are constantly at each others throats and when she doesn't get her way with him, she resorts to slashing her wrists. Once in front of him and once she did it and sent a picture message of it to him. She is as sick as they come.
He says he now realizes what a huge mistake he has made and has resorted to coming home more and more he says to "try to work things out" but has yet to tell this woman to take a flying leap. He tells me that he doesn't want our children anywhere near her and then will turn around and say that he wants to take our son to play with her girls. He says he should be able to see and take his children when he wants to without answering to me. I say he walked out right after my daiughter was born and left me to take care of them myself and he is lucky I haven't contacted a lawyer. He had provided financial support since he has been gone and while he is coming to visit more now, I am still doing the majority of taking care of our children. I don't want my children around this woman. She is devious and manipulative and mentally unstable. He says he wants to work things out, but doesn't come home and doesn't tell her to take a walk. I am getting closer and closer to getting an attorney as I have had just about all I can take.
Do I have any legal grounds to keep this nut case away from my children?
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jersey girl
Platinum

Reged: 08/07/06
Posts: 1517
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YOu have no legal grounds as long as there is no agreement signed or divorce filed.
You put yourself in legal limbo the last two years. If you are not going to repair your marriage, it is time to formalize its end to protect the kids.
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mek0210
New
Reged: 05/27/08
Posts: 3
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I am aware that nothing can be done unless I file for divorce. My question is if I file, do I have legal grounds to file a restraining order to keep this psycho away from my kids? Who is to say she won't slash her wrists in from of my children or worse yet, do something to them?
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KGrow
Platinum

Reged: 01/27/06
Posts: 3112
Loc: Colorado
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The father has parental rights. You can't deny him reasonable access to his children. Defining reasonable is a trying legal exercise (a.k.a. custody battle).
What you can legally do RIGHT NOW is deny him access to yourself. Don't invite him to your home until he cuts ties with the crazy girl. If he can have both, he'll take both.
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mek0210
New
Reged: 05/27/08
Posts: 3
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I hear what you're saying....thank you.
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jersey girl
Platinum

Reged: 08/07/06
Posts: 1517
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Courts are not going to automatically give you that order. Work with the ex - tell him that you want to make sure he has enough time with the kids, but not with her there. See if he will agree.
But if he wants to fight, they will probably let him have that time with no restrictions.
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taryn
Platinum
 
Reged: 05/31/07
Posts: 2126
Loc: Hell...but im coming back up, ...
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changing a few details here and there and you are mirroring my life!
good luck!
-------------------- taryn.
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