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I have several questions. On 12/23/12, I was told by my wife that she wanted a divorce, the kids & the house.

Ashland City, TN |

She has started drinking alot. My oldest daughter has heard her (in her words) making sex sounds. Once at a couples house from their bedroom, and once at our house in the bedroom where I had been sleeping. She drinks and drives often, and several times with the kids in the car. I have 3 kids (13, 8 & 5). My 13 yr. old daughter fights constantly with her mother and states that she will not live with her mother. My 8 yr. old daughter (9 in Sept.) also wants to live with me. My 5 yr. old son (6 in Apr.) is just happy for some attention when she is around. My wife at least 1 night a week spends the night away from home. And for the past two weeks has had a female friend stay the night here (with the kids & I at home. Please help!!!!!

Attorney Answers 7

  1. I am sorry that you are going through this. First you have to decide what is in your childrens best interest and your best interest and go from there, you may file for a divorce and seek custody if you choose or you may try marriage counseling, take care and I hope that whatever course you take you find happiness.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

  2. It sounds like a divorce is probably in order. However, she might have a hard time "getting" the kids with that lifestyle. I have an office in Pleasant View if you want to talk.

    Please note that my answering this question, does not, in any way, mean I represent you for this, or any other case. You need to seek that actual face-to-face advice of any attorney in your area who can further explain the law as it applies to your case.

  3. If you are wanting to divorce consult a local divorce attorney and get things going ASAP. The longer you wait the harder it will be on your kids.

    IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO because Avvo awards the attorney points. MS. RADDATZ is donating her time and talent by answering questions to help those in need of legal information. This is NOT a consultation and in no way creates an attorney-client relationship. YOU SHOULD ALWAYS PERSONALLY CONSULT WITH AN ATTORNEY IN YOUR LOCAL AREA who has specific expertise in the area of law you are asking about.

  4. I would most certainly and immediately take actions to protect your children from exposure to the alleged behavior. The allegations are very serious ones decisions should be made while taking in consideration what is in the best interest of the children. I would definitely speak to a family law practitioner given that some of the allegations easily justify a dependent/neglect petition which could result in termination of parental rights. Good luck.

  5. There are many missing facts here. She'll likely get her divorce. I cannot tell whether the house is a marital asset from the facts given. If the norm applies and the house was purchased and paid for during the marriage, it is a marital asset and will be appropriately divided. This will likely involve refinancing it or selling it to allow each of you an appropriate share of the equity. As regards custody, your wife's negotiating position and/or chances in Court appear poor. That assumes, of course, that you are acting properly in regard to the children's best interest. The 13 year old is old enough to testify as to her preference as to where she lives. The younger children will require a Guardian ad Litem to voice their preferences, though a judge may want to talk to them in chambers. You definitely need to discuss your case with an attorney.

  6. I'm sorry to hear you are dealing with this. My first concern is making sure your children are safe. I have worked on a similar case, where the Mother had alcohol and drug problems. She wasn't outright abusive to the children, but her decision-making abilities were impaired because of her addictions. You need to make sure that your wife is not exposing the children to a dangerous situation. Depending on the details of your situation, you might consider filing an Order of Protection against your wife to protect the children, and this would also get her out of your home while the divorce is pending.

    If you're interested, you can contact my office for a free consultation. I'm happy to discuss your concerns and see what your options might be going forward.

    This communication does not establish an attorney/client relationship between Lauren Castles and the individual who posted this question. To establish an attorney/client relationship, the questioner must contact the attorney directly to set up a consultation and to sign a contract for legal services. Information posted or made available on or through the Site, including without limitation any responses to legal questions posted in Avvo Q&A, information provided in Avvo Legal Guides, and any other comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or information (collectively "Legal Information") is not intended as legal advice or to create an attorney-client relationship between you and any attorney. Such Legal Information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon such Legal Information. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege.

  7. You need to divorce this lady. Your 13 year old has the right to tell the judge who she wishes to reside with. With your wife's lifestyle, I believe the other two children will follow with her. Let me know if I can help.

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