Thread: Divorce advise
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Old 07-08-2022, 03:46 PM
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Re: Divorce advise

Quote:
Originally Posted by enzomatrix View Post
My wife suddenly asked for a divorce after she brought the kid home as per normal routine. She planned it long ago and even took the birth cert and passport away. I have not seen my son for days and she refuse my request to see him.

Any recommendations for lawyer for care n control of child?
Looks like your wife understands the law, or have had some advise before she made her move - within a marriage children are under joint responsibility so she can technically "hide" your son away from you for as long as she is still your wife.

Even though this is unreasonable in terms of behaviour, it is by no means illegal. I used this same method before, years ago and I sought the advice of a Family Lawyer before I made my move.

Maybe TS you should provide more background on why your wife wants a divorce. Did she find someone else? Or did she find out about something you did and planned it this way. The background behind the reason(s) for divorce can sway the family court from determining which party should be given care and control. The conduct of the parents is a big factor behind the decision of which parent should be given care and control. So you can see where this is tricky, if your wife actually caught you doing something you should not be doing.

Care and control will be decided by the courts, while custody is almost always joint. I have been divorced for the past 3 years, and I have care and control over my 2 kids. My ex wife did not want them and chose to leave the family to be with another man. I took the kids, there was no contest. Custody is joint, but that didn't matter. I did not need a lawyer to fight for care and control since both parties already agreed the outcome.

Postscript: Eventually, children grow up and they make their own decisions. Which parent gets Care and control, in the end do not matter as much as you may think.