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Now you be the judge (not a real one) :) This is a bit long.

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  • Now you be the judge (not a real one) :) This is a bit long.

    Mu wife filed for divorce a months ago. She put joint custody and she to be primary caretaker. Also put that I pay lawyer's fees. Today she is seeing her lawyer and we will see what she has to say.

    here are the facts.

    1: The child spent over 90% of the time with me. I payed medical bills for the child, took him to the doctor alone for the last 6 months. Cooked for him, bathed, washed his laundry, changed his diapers etc.

    2: My wife didn't pay any child support.

    3: My wife received roughly $8000 of CCTB and told me she paid off her debt with it and later said she didn't and asked me not to ask her where the money is.

    4: She took all our assets. (furniture etc). She came with the police and lied to police I might damage the furniture so the cops told me they took photos of the furniture and appliances. (But instead of ruining the goods, I helped my wife transfer them to her rental storage because she needed help, because we planned to reconcile). I wish I knew the law better and had told the cops only judge will decide what belongs to whom.

    5: She never bought a ounce of milk for our child when he is with me roughly 6 out of 7 days a week.

    6: I literally begged her to spend more time with the child, even if it means a few hours a day, and I would drive him to her and back. She never accepted. (I have text messages)

    7: She once put our child in daycare when we both were unemployed. Small children are better off with parents or other caring family members than have someone care for him who gets paid for it. (Daycare is OK in most other circumstances)

    8: Our child complained to have been abused by a caretaker and had a bruise on his back. I took him to the doctor and called a lawyer for an advice. I pulled the child out of daycare. My wife sent me a text message (I have it saved) saying "Don't you dare to call child protective services because they may investigate ME and MY family and I could lose the child". So instead of fighting for her child, she stopped me from investigation.

    9: Child is 2.5 I took him off the bottle. She took him once for 2 days and he was right back on. I have text messages about that too. Now his teeth started to decay.

    10: She told me she can't watch the child because there is another toddler in the house and they fight and make mess. (Isn't it a mother's job to resolve those problems). I have it on text message.

    11: I have text messages that prove the child was with me for at least 30 days in the last 3 months.

    12: I have doctor's visits proof, medications I paid for and how many times i called the health link to ask them for advice when my child was feeling sick.

    13: I have a daily journal since end of June that has lots of photos of my child where I took him etc. (I have a calendar as well, short version of journal)

    14: Her family never called to see how is the child and my wife sometimes wouldn't call either for 2-3 days.

    15. I might be able to get witnesses if my neighbors agree because they see me every day with the child.

    16: One day, even though I told her ahead, it was a Sunday, I had to work. I told my wife in advance I will bring the child to her. When I called she said she can't watch him because she is painting her mom's basement. I took the child to work with and gave the customer a discount to babysit my child. The customer says she will witness if need to.

    17: My wife told me it is OK to hit our child and told me to encourage my parents to hit him when he is disobedient. (Have text message)

    18: She told me she wants to "ground" him for a few hours for being disobedient. I said it is a good idea until she told me she wants to lock him in the room alone. I said don't even think about it. (No proof of that one)

    19: My family lives with me and they would testify.

    20: I have an aggressive lawyer.

    21: In 4 months since she left she got a cellphone bill of over $4000 that went to collection. I know it is irrelevant but it does throw some colours on her.

    Facts from her side: She repeatedly said in text messages and phone communications that she loves him so much and always asked me to take good care of him. And I do believe she loves him, but he is simply not her #1 priority

    Now, in my responce I included: Despite that I was primary caretaker and she didn't contribute anything to the child, I am still offering 50/50 shared custody on 4 days rotation, will drop retroactive CS, will forget the money she received from CCTB and "lost it". Also I said I will pay half of her credit card that we spent together. I don't want any of the assets back.

    I think this is more than fair.

    If she refuses it, either she or I will likely file for interim order until we see the final judge.

    Yes, she may lie her teeth out etc but i am ready to take on those challenges.

    Now you be the judge. go ahead be bias to her side. What would you decide in this case based on what I wrote.

    PS. In marriage we took the care of the child about equally.

  • #2
    I mean based on what you wrote, I don't see how you couldn't get 50/50. If you have all the texts and evidence to back you up, I think your in a good place. Plus to my knowledge judges look at the "status quo" and if he's been with you most of the time, I'd be surprised if a judge changed that until a final agreement is made (assuming your going for a case conference). I think you've put yourself in a good position by keeping all the texts, make sure to print them off and give them to your lawyer.

    Comment


    • #3
      Your ex would be crazy not to accept your offer. I don't think a judge would give you sole custody, but she has not basis to argue against joint custody. You have proven you are a good father. So going to court would only rack up bills. I hope she takes it. You have been more than fair.

      Comment


      • #4
        Given her past behaviour, do you think there is a risk that after you agree to a roughly 50-50 time split, she will refuse to take your son for her share of the time? If that is a worry, then it would be better to agree on a time split that both parties are likely to agree to. Even if she has him for less than 40%, you can still agree to waive child support and CCTB.

        Comment


        • #5
          Well she saw her lawyer today. She called me after that and sounded quite happy. She said she is coming over with her mom. WOW.

          They came and she told me she agreed to my proposal (unless lying) except to change from 4 day rotation to 1 week. (advice from her lawyer and it makes sense)

          She didn't like when I put that our child saw no use of our assets that she took all with her.

          I wonder how would she feel if I put all the bad things she did. But she got an idea, I know.

          So I guess her lawyer will contact mine.

          I must say I don't still trust her and I won't trust her 31 days after court approves our agreement.

          However this is the #1 problem. Her family controls her. Her mother insulated me. She said it is my fault that we got to this. RReason is I had no stable employment history. (partially true but I had health issues). When I told her we cant change the past and if she has any suggestions, then keep talking.

          She continued with insults that I am a lazy ass and never will be a family man.

          I didn't wanna counterattack because like I said, her family decides what my wife does. I don't wanna ruin this negotiating because they come from a country
          ( village ) where fights are normal. They can easily make my wife fight for child custody.

          But according to my lawyer I have over 50% chance for full custody (I know, lawyers)

          But according to the evidence I think shared custody is warranted. (yes I am aware I could still lose simply because if the judge feels so)

          Their best weapon is false witnesses. But I would ask the witnesses to name me a few days when the child was with her. If they give me dates, most dates I have on text messages, doctors visits etc and if prove them wrong I would sue them later.

          I could write all day but the truth is, I still have some fear should this turn into a battle.

          My biggest fear is she may file for interim order until we see the final judge. If she gets that then my advantages significantly reduce.

          PS. They are very unhappy that I got a lawyer on my own and for some reason bothers them even more that my lawyer is a female

          Comment


          • #6
            Edward, you need to focus on the fact that they are agreeing. THAT IS GREAT!

            Let your lawyer take care of the rest. Keep taking record etc and spend as much time with your child as you can. You will be fine!

            Comment


            • #7
              I agree with billiechic. The reason you are separating/divorcing is essentially because of "irreconsilable differences."

              If the differences could be worked out, then you would have a future together. They can't, so don't look to the past, look to the future you have without her.

              You will never solve the arguements you had with her and her family in years past, don't bother. Set up an equitable arrangement that is best for your child and move on.

              Comment


              • #8
                Originally posted by Mess View Post
                I agree with billiechic. The reason you are separating/divorcing is essentially because of "irreconsilable differences."

                If the differences could be worked out, then you would have a future together. They can't, so don't look to the past, look to the future you have without her.

                You will never solve the arguements you had with her and her family in years past, don't bother. Set up an equitable arrangement that is best for your child and move on.
                True.

                But it is her mama who takes every opportunity to talk about the past. I just hope we sign this and get over with.

                Once it is over no more mr nice guy.

                I will cut all contacts with her family and if they provoke me I'll just say go take a dog for a walk even if u dont have 1

                Comment

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