Something does not seem right.

Asked over 2 years ago - Flint, MI

My wife filed for divorce and sole custody of our daughters (14 & 9) after being separated for 3.5 years. When we separated she took the buyout from GM for $140,000, got rid of the family home, bought a foreclosed home (cash), and got a part time job at the hospital. She asked could we stay married til she got benefits. We continued to raise our daughters the same way. They spend the night regularly on the weekends when I do not work. I have letters from their school and doctor stating my constant involvement since birth. Her home is up for forfeiture for 3 yrs of back taxes. She has nothing against me but false allegations. No proof. The referee gave her sole custody and $1100 a month, my attorney presented none of my letters. I want joint physical. I think my lawyer is working against me

Attorney answers (1)

  1. Daniel J. Andoni

    Pro

    Contributor Level 4

    2

    Lawyers agree

    Answered . Your question is tagged "Child Custody" , "Father Custody" and "Father Rights" but you discuss the martial estate in your question. Are you bringing that up to show that Plaintiff Mother is unstable and cannot provide an adequate home? Which could be potentially relevant to a child custody determination. Joint Custody is reserved for those parents that can get along and can agree as to the best interest of their children, if you cannot agree as to the best interest of the children then one party will be awarded custody and the other will most likely be awarded parenting time. The Judge will decide who has custody by making a determination as to the best interest of the child factors, and while I will/cannot get into all the factors here (theres 12 plus a catchall) providing for stability is one of them. What needs to be done, immediately, is to begin working on an objection to the recommendation of the referee, you have 21 days to file your objection. Begin as soon as possible and then you will have a de novo (new) hearing before your judge. There you can present the evidence that wasn't brought before the referee. Oh you cannot simply show a letter to a judge or a referee you need to have the writer there.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Child Custody in a Divorce

Child custody may be physical or legal. Physical custody covers who the child lives with, and legal custody is the right to make decisions.

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