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  • What's for our kids?

    Got an abusive wife who yells, abuses, threatens to kill,
    And occasionally beats me in front of the kids.
    I am done with her and wants separation. Have been holding it for the avoiding impact on our little kids who are 6 and 8
    My friends have advised to go for a mutual divorce and get shared custody for kids and pay the required spousal support
    I am ready for that and have asked her for this
    Unfortunately she demands full custody and also share of my inheritance... my parents are still alive.. both of us are working and hence have been taking care of the kids equally. What are my rights in terms of kids custody?? My spouse is on a peace bond due to her previous incident of hitting her collegue and friend in front of our kids in walmart, so there is previous cas involvement too

  • #2
    inheritance unless co-mingled belongs to who ever it was bequeathed to, it isnt marital property...especially when there is only an expectation of an inheritance. LOL she is really grasping at that.

    She has been proven to be violent in front of the kids and from what you say that has been documented by officials.

    Dont agree to SS. She has to prove first that she is entitled to it.

    I would say you have a pretty good chance at minimum 50/50 but I am not a judge. You could counter with you having sole custody and her having parenting time as long as she gets some sort of anger management therapy.

    Protect your kids. If she will hit in front of them, they could be next when there is no other target around. She has issues.

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    • #3
      Originally posted by Jackdivorce View Post
      Got an abusive wife who yells, abuses, threatens to kill,
      And occasionally beats me in front of the kids.
      I am done with her and wants separation. Have been holding it for the avoiding impact on our little kids who are 6 and 8
      My friends have advised to go for a mutual divorce and get shared custody for kids and pay the required spousal support
      I am ready for that and have asked her for this
      Unfortunately she demands full custody and also share of my inheritance... my parents are still alive.. both of us are working and hence have been taking care of the kids equally. What are my rights in terms of kids custody?? My spouse is on a peace bond due to her previous incident of hitting her collegue and friend in front of our kids in walmart, so there is previous cas involvement too
      Ask yourself. What is the best thing for the children? You can not change their other parent. You can not even influence them.
      So what is best for the kids?
      If I were a judge I would be asking that question continuously.
      How does every decision I make impact the children ultimately while being fair to the parents. Not easy as we see from the reams of jurisprudence.
      Do you want a judge to decise this? Maybe you should becasue years of trying to convince your ex or change them is futile.
      Most judgements are for joint custody unless there are compelling reasons why sole custody would better serve the children. The onus is on the party seeking sole custody and the bar is high.
      Educate yourself on the law (Divorce Act, Family Law Reform Act), the case law, and use this forum for your own support.
      You can always get some assistance at the desk (even if not qualifying for legal aid).
      May law firms have really good blogs and links.
      You get sucked up into it but your own education serves your kids best in my opinion.
      Good luck. I am in a sole custody fight too (after 8 years and with a very specific agreement that is breached constantly)
      This is not fun, easy or for the faint of heart. It can make you resentful, angry and depressed.

      Comment

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