T.R | Title | User | Personal Name | Date | Lines |
---|
286.1 | Could end up a no-win situation | QUARK::LIONEL | Free advice is worth every cent | Sat Apr 18 1987 16:58 | 19 |
| There are several discussions of situations related to this in
the QUARK::HUMAN_RELATIONS conference. However, at this point,
it clearly does no good to suggest what you should have done before
you got into this mess.
If I were in your situation, I'd run straight to a good laywer who
is experienced in divorce and custody cases. (Better late than
never.) Unfortunately, I've heard of several similar situations
from friends, and, so far, there have been no happy endings.
In one case, the child is living with her grandparents rather than
either her father or mother, because the parents can't agree on
what to do.
Your best bet is to work with your lawyer and see if you can convince
your ex to give you custody anyway - try and put it as being best for
your daughter, rather than an attack on your ex.
Good luck - you'll need it!
Steve
|
286.2 | | SPMFG1::CHARBONND | | Mon Apr 20 1987 09:20 | 6 |
| I agree with Steve, get the best lawyer around and push it to
the limit. If there is any way to get the child away from a
potentially absive mother legally, do it !! but STAY LEGAL.
It sounds like she has damaged her cause by her irresponsible
actions. If you can prove that she squandered $80000, you have
gone a long way toward proving your case. Good luck. Dana
|
286.3 | Abusive Parent | CSC32::JOHNS | God is real, unless declared integer | Mon Apr 20 1987 10:34 | 10 |
| re: what .1 and .2 said
This is true. If you have proof of the mother's "instability",
then this will help your case. I had a bad father, and my mother
stayed with him thinking that a bad father was better than no father
at all. I disagree. A bad parent is a bad parent, and if she is
abusive to your daughter, either physically or mentally, then you
should try to help your daughter out of the situation.
Carol
|
286.4 | | QUARK::LIONEL | Free advice is worth every cent | Mon Apr 20 1987 12:08 | 8 |
| More thoughts...
Part of your note said you wanted opinions, not advice, but it's
hard to separate the two. As for opinions - of course the situation
isn't fair. Life isn't fair. Nor is it just. But knowing that
doesn't help you any - a good lawyer will.
Steve
|
286.5 | Don't let it get you down.. | RDGE00::LIDSTER | Finally gettin' there... | Mon Apr 20 1987 14:05 | 23 |
|
Sounds a bit grim... I know the feeling because I have an almost
identical situation where my "ex" is attempting to take me for
everything, despite the fact that she never contributed financially
for the whole period of the marriage and I stand to lose 13 years
worth of effort.
I have recently changed my lawyer because I felt the current one
wasn't fighting "dirty" enough - it sounds cruel but, at the end of
the day, I have to protect myself (and my daughter's long-term
interest) and the advice to get a GOOD lawyer is absolutely right.
I'm learning the hard way that in these situations, there is no
room for sentiment - a good lawyer will at least make you feel better
about it all.
I am not sure of the law in the US concerning this sort of thing
but it would seem to me that she would be hard put to justify her actions.
A good lawyer will ease your mind and set the wheels in motion.
Good luck and don't let it get on top of you - hang in there.
be lucky,
Steve
|
286.6 | Another vote from personal experience | HULK::DJPL | Don't try to out-weird *me*! | Mon Apr 20 1987 14:11 | 7 |
| I, too, have been through a divorce [Mine was *much* 'cleaner'].
Thoughts and opinions? *You* are in the right. The fact that you
are right, however, carries little weight in a custody case. It's
all based on who has the better lawyer, unfortunately.
Given the above thoughts, you can guess what my advice would be.
|
286.7 | An opinion | MARCIE::JLAMOTTE | I'm Different | Mon Apr 20 1987 14:35 | 25 |
| I would like to see each child that came into the world wanted and
loved...but I doubt even in these enlightened times that this is
not going to occur. We are going to have women bear children out
of carelessness and/or a motive other than a desire to have a child.
Correspondingly we are always going to have the man that did not
anticipate the birth or prevent it.
I have seen a lot of situations through the years and I am not sure
what is worse...the non-custodial parent that jumps ship never to
be heard from again or the non-custodial parent that assumes
"responsibility" and the relationship never develops beyond that
stage.
When dealing with the financial support and the emotional care of
a child the first consideration should be the emotional aspect.
In my opinion this area needs to be taken care of first. Spending
time with the child, enjoying a child's company and doing things
like supplying clothing, healthy meals will not only be good for
the child but can support your ability to be a custodial parent.
Realistically the search for a good lawyer should not be far behind.
It has been my observation that both the custodial and non-custodial
parent have been sh*t on equally by the courts and often it is in
the telling by the individual involved that determines fairness.
|
286.8 | Get a lawyer | VIKING::SAWYER | Mark Sawyer by Tom Twain | Mon Apr 20 1987 17:38 | 11 |
|
A friend of mine just recently went through a divorce and the custody
issue was definitely the worst part of the process.
If your wishes are to gain custody of your child get a lawyer who
specializes in custody suits. All lawyers have their specialties,
get one who specializes in custody issues.
Good luck !!!
|
286.9 | a few thoughts | SUPER::HENDRICKS | | Tue Apr 21 1987 12:31 | 29 |
| I can imagine that your wife decided to have this child without
ever realizing the demand that it would place on her. I agree that
she (your ex) isn't your responsibility, and that you can't "fix things" for
her. If she is feeling overwhelmed, or is still just immature,
she may be able to do some work on herself as opposed to resorting
to a court battle.
Could the legal issues be put on hold temporarily while she got some
good therapy? It might help her look at her dependency issues/needs,
what she wants from the relationship with her daughter, and where
she is going next. She might realize that "winning" more support
from you from the court would only be a short-term win. After all,
where does she want to go with her life? It sounds like parenting
may have been so overwhelming for her that she feels "lost" underneath
the demands, and has consequently lost her personal momentum.
I also find myself wondering if she came from an abusive situation
with few models of good parenting?
The erratic spending and mixed messages toward you are what makes
me wonder these things.
I hope you don't feel unsupported by my responding to her possible
needs instead of to yours. I just don't see a win/win coming out
of this situation unless she decides to take some control over her
life. I think your support of her (actually of your daughter) to
date has been admirable.
Holly
|
286.10 | Get a GOOD lawyer! | ANGORA::WOLOCH | Full of Surprises! | Tue Apr 21 1987 14:06 | 12 |
| Get a good lawyer. Chances are your ex-wife will get some form
of rehabilitative alimony from you to get her back on her feet
financially. Ask your lawyer what your chances are of getting custody
of your daughter, if that is what you want. Be prepared for a nasty
battle. Prior to going to court I would advise you to see if you
can get Social Services to do an investigation. They can then if/when
you go to court have a strong say in what is best for the child.
Be strong, because it won't be easy.
Thats my two cents, I've never been through it but I know people
that have.
|
286.11 | Make sure it's what you really want | APEHUB::STHILAIRE | | Tue Apr 21 1987 15:52 | 19 |
| Another thing to be certain about, and perhaps you have thought
a lot about this and are certain, is whether you really want to
give up your independent, single life-style to raise your daughter.
Your life will never be the same. It is not easy for a single
father to raise a daughter. Having custody of her will hamper every
other relationship you have until she is grown-up. If she doesn't
honestly and sincerely come first in your heart you may live to
regret it.
I've been living for the past two years with my SO and his two now
teenage daughters whom he has had custody of since they were about
1 and 3 yrs old. I know he wouldn't part with them or change his
decision to raise them for anything, but I also know the sacrifices
he's had to make both of free-time and money.
Lorna
|
286.12 | Just my opinion | PSTJTT::BUGSY | | Tue Apr 21 1987 21:33 | 50 |
| I dunno, Joe. Sounds like the kid might be heading out of the frying
pan and into the fire...
This is not intended as a personal attack or anything. Do you know
how *hard* it is for me not to start with the free advice stuff?
Damn hard!! So I'm locking myself into analysis instead to help
you avoid my relaly awful free advice!!!
The first part of your note kinda said to me that you really weren't
all that interested in the welfare of your daughter, n'est-ce pas?
I mean, your ex didn't want money, just for you to recognize your
daughter and be with her in a supporting role. You said that since
you didn't participate in the decision process, you didn't feel
responsible....
And from your message's later tone, I kinda hear that you're really
concerned about this child affecting your lifestyle!!!
Maybe it wouldn't be such a great idea for you to take custody of
this child. Who needs a parent who doesn't want you? Who needs
a parent who sees you as interfering with a lifestyle?
Maybe your ex is being emotionally unstable right now because
this daughter is difficult to handle AS WELL as the fact that
your ex isn't too stable to begin with. Are you, a guy with
no bonding with this kid art all, anticipating BEING able to
handle her??
Do you think your daughter will respond to you with open arms??
Hasn't she had years of Mommo telling her all about you?
These would be things that you would reeling around in my head.
Personally, I would fight the temptation to ride in there like
a knight in shining armor. You may get knocked off of your
horse!
If you want your $40,000 back, go for it. But before you try
going after your daughter...
Uh.... nope, I won't fall into free advice. You're not on an easy
path and I envy you not at all. I also would question if you've
REALLY thought this one thru...
Again, I'm sorry if it sounds like an attack. It wasn't meant to.
It was *meant* to help you consider the seriousness of what you're
contemplating.
I wouldn't be so prone to yank the kid around just yet.
Bugsy
|
286.13 | An example, for what it's worth | DEBIT::RANDALL | Bonnie Randall Schutzman | Wed Apr 22 1987 10:03 | 26 |
|
I haven't been through a divorce or custody battle or anything,
but my daughter is friends with a girl who has been going through
a bitter custody fight for several years. The father got custody
based on the mother's sexually promiscuous life style, but he was
abusive and had a drinking problem so the mother sued for and got
custody. She's a very nice woman but not a very good provider, so
the father got the daughter back on an appeal, and . . . (not saying
you fit either character, by the way, just trying to illustrate
the kind of yoyo this kid's been through.)
Anyway, they finally reached a compromise in which Kathy's friend lives
primarily with her aunt and uncle -- the mother's brother, I think,
though I'm not positive what the relationship is. The uncle and aunt
have custody; both parents have visiting rights. She's much happier
now and doing better in school, though she's still going through
counseling and not what you would call an outstanding student.
Obviously this only works if there is a close relative who is willing
to take an extra child into his or her home. But if there is someone
like that in either your family or hers, it might be better than
having her live in an unstable home or be jerked around by reversing
custody decisions.
--bonnie
|
286.14 | | RAINBW::SPARTI | | Wed Apr 22 1987 12:17 | 36 |
| first I would like to thank all of you for your comments and
(advise), it is appriciated. As I said no one can make decisions
for others so the content of the feedback was what I was mainly
interested in. I choose woman notes figuring that they should be
weighted in favor of women,(actually they seemed very fair to me).
.12 well I could challange this a lot. Did .12 read something
between the line or did .12 just make some assumptions.
Since, as mentioned, there are always two sides(or stories) to
everything and since I haven't gone into detail I will pass on
responding to .12's remarks except the bonding part. Fortunately
or not as the case may be, I happen to have a very strong bond
with my daughter. I took total care of her for about 7 months
when she was still an infant, have had her during the summer,
sometimes a little longer, and now spend every weekend with her.
She calls me at least 4 times a week and wants to stay over both
friday and sat, nights. I spend the time with her not hiring
babysitters and we talk and play games. Now that the weather is
getting better we will go more places.
Yesw I know what a sacrifice it would beto give up my single
status. Can anyone think of a better reason to do so??
Single life is not great all the time and Since I'm not so
young I have plenty to look back on.
Social services could be a problem as my ex was a social worker
for 12 yrs,8 of which were in childrens abuse. Seems odd that she
can't see the patterns she is following. I think she would skip
if investigated by her ex peers. (I probable should talk to them
but if they think I'mm right they are mandated to act and beleive
it or not I really don't want to hurt my ex.).
What I have just done at this point is to tell her point blank
to stop asking me for money. I told her that if she wanted me to
take over I would but otherwise she was on her own.
Well thanks again for your thoughts. JOe
|
286.15 | | MANTIS::PARE | | Thu Apr 23 1987 13:00 | 1 |
| Sounds like you did the best thing to me.
|
286.16 | a little defense of .12 | PSTJTT::BUGSY | | Thu Apr 23 1987 17:36 | 23 |
| Well, I was going to just add an apology and grovel a little
towards you, Joe.... but I reread your base note and my reply
.12... and in fairness, you didn't say ANYTHING in the base note
about your feelings for this child.... and the sum total of your
dealing with her was "I could have her on weekends when I was
woring (is a 'k' or an 'h' missing?) in the area..." and something
about summers.
So, I'm SORRY if my assumptions ired you, but they were the only
assumptions I could make about your feelings for your daughter,
especially since you started off saying that you didn't feel
responsible for her....
And also, the "woring" thing is a joke because that's the way my
perverted little mind works.
Your decision must have been a toughie... and yes, sacrificing
your happiness for a child is noble, but the nobility is a thin
veneer worn away my the resentment that soon takes over.
As Lorna says, that child HAS to come first in your heart...
Bugs
|
286.17 | knew you weren't mean. | RAINBW::SPARTI | | Fri Apr 24 1987 18:17 | 9 |
| No apology necessary, the things you pointed out weather applicable
or not were said in the right context. I didn't feel you were nasty
or
anything. Maybe I'll become better at writing my thoughts.
Besides the woring was funny and I enjoy a good laugh. Try (K).
Thanks again,
joe
|
286.18 | excuse me while I flame | ULTRA::GUGEL | Spring is for rock-climbing | Wed Apr 29 1987 17:43 | 22 |
| It sounds like you've already decided what to do, but what about
joint custody? Friends of mine have this situation and it seems
to work out pretty well.
set flame on:
re .5:
>despite the fact that she never contributed financially for the
>whole period of the marriage.
If she was taking care of your daugher fulltime, doing your dirty
laundry, and cooking your meals, then that *is* contributing
financially. I hate to sterotype you or anything because I don't
know you or your situation, but it's *very* common that people
*severely* underestimate the work, worth, and value of a wife who works
only within the home.
It would absolutely sicken me to hear my father say this about my
mother.
set flame off
-Ellen
|
286.19 | What's a homeworker worth? | ULTRA::ZURKO | UI:Where the rubber meets the road | Thu Apr 30 1987 13:05 | 17 |
| re: .18
Gosh thank you Ellen. I must have a stone in my brain or something.
Does anyone have numbers on what an average full-time wife/mother's
labor would be worth on the open market? I know I've seen numbers in
the past, and I suddenly think my mother might be interested in them.
I probably saw those numbers when I was in my "I'll never be like that"
stage, when I couldn't even think about how tough it might be to be
in that position.
Or maybe, what's the going rate for house-cleaning and child care? Perhaps
people with close contact to full-time homeworkers can indicate other
broad areas of responsibility they have? For instance, errand running.
I know you can actually *pay* to have someone run your errands, but
I vaguely remember the prices being enormous!
Mez
|
286.20 | a few numbers | DEBIT::RANDALL | Bonnie Randall Schutzman | Thu Apr 30 1987 13:21 | 21 |
| The book _The Superwoman Syndrome_ has an extensive list of typical
prices for typical household-support services. It's a fairly
dispassionate chart since she included it so a working woman could have
some basis for deciding how much she could spend to hire somebody else
to relieve her of some of her more burdensome or time-consuming chores,
not to be used as ammunition in a divorce battle.
In Nashua, child care runs from $1.50-$2.00 an hour for a babysitter
if you take one child to her home. If you want the caretaker to
come to your home, or you want someone with professional training,
the price goes up UP UP.
If you were cooking for a restaurant, you'd be making AT LEAST minimum
wage; around Nashua hamburger-flippers are getting $4-$6 and people
who do more complicated cooking get much more.
Last week I got an ad for "basic maid service" -- come in once a week
to vacuum the rugs, clean the bathrooms and kitchen, mop all moppable
floors -- for $40 a month for an 'average' house.
--bonnie
|
286.21 | clarification | ULTRA::GUGEL | Spring is for rock-climbing | Thu Apr 30 1987 13:32 | 5 |
| I meant to clarify that most of .18 was *not* in response to .0, but
in response to .5. The first paragraph of .18 only was directed
to the base note.
-Ellen
|
286.22 | I read something about 5 years ago... | VIKING::TARBET | Margaret Mairhi | Thu Apr 30 1987 13:35 | 5 |
| My recollection is that (depending on the mix of skills and skill
levels brought to the table) a homemaker would be worth $35K .. $70K
if open-market standards were applied. I felt stunned. And pissed.
=maggie
|
286.23 | how much is she worth? | LEZAH::BOBBITT | Festina Lente - Hasten Slowly | Fri May 01 1987 13:08 | 12 |
| about how much is a homemaker (I hate the word housewife, she's
not married to a house...) worth? A book published in 1975, called
"the two paycheck marriage", had a good summary. The amount she
is worth is directly proportional to how many children she has,
how old they are, and how much the father helps out at home. The
book also contains some dismal estimates of just how much the average
father/husband helps around the house an spends time with the children.
I hope that now it's not so bleak as they painted it then - maybe
12 years have made a difference.
Jody
|
286.24 | Bless this mess | TSG::GREENE | Allison Greene | Fri May 01 1987 14:05 | 10 |
| RE .20:
> Last week I got an ad for "basic maid service" -- come in once a week
> to vacuum the rugs, clean the bathrooms and kitchen, mop all moppable
> floors -- for $40 a month for an 'average' house.
Actually, that's not a bad price. I used to pay $45 *per hour* to have
those things done. Who offers the service?
Allison
|
286.25 | basic maid service | DEBIT::RANDALL | Bonnie Randall Schutzman | Fri May 01 1987 14:14 | 14 |
| I think it was Terrycloth services???? (I also think I spelled that
wrong.)
Their regular price is somewhat higher. This was an introductory
special. Unfortunately I didn't save the card.
Our four-bedroom (well, three and a study), two-story garrison was, by
the way, two bedrooms too big to be an 'average' house.
A neighbor who uses them says they make their money on the fact that
they work in teams of three and they can finish her three-bedroom split
level house in under 20 minutes.
--bonnie
|
286.27 | not the way it was! | RAINBW::SPARTI | | Wed May 06 1987 18:47 | 12 |
| I agree with your point however the situation was not as you think.
I did my own laundry, cooked more than half the meals for her and
her daughter(from a previous marriage) spent loads of time with
her daughter while she read sears catologs etc,and we were not married
until she became pregnant with my daughter(her choise).
Joint cusdody would be fine with me but I don't think my daughter
would handle it too well. The difference in life styles is too great
a change for her.
I omitted much in my original question only to avoid a long drawn
out explanation of I DID-SHE DID etc. It always takes two.
|