My wife is trying to take my kids. What can I do?

My wife and I have been together for almost 8 years. I recently filed for a divorce. My wife sought an attorney to take care of the divorce, custody/child support arrangements for our three kids and a protective order. The protective order was put in place while I was incarcerated for a DWI. I did not receive the final order. She won by default because I wasn’t able to go to court. After she went to court for the protective order the assault family violence charge was dismissed due to her providing false information. I need help. I am on disability and I can’t afford much. She is trying to take my kids away from me.

5 Answers

  • 8 years ago
    Favorite Answer

    How can you take care of the kids if you cant do the right thing. Do you drink and drive with your kids in the car? Start doing the right thing and maybe you can share custody. If a judge sees you are not responsible she will get them full time. Sorry but thats how it works. The kids need someone they can count on. What would have happened if you had full custody and got thrown in jail? Not cool.

  • 8 years ago

    I agree with taking parenting classes, and maybe even go to some AA meetings. (even if your DWI was a one time deal) You can always speak to an attorney. Most will give you a free consultation and may even set up some sort of payment plan.

    I'm not sure what state you're in, but most states these days only award shared custody. The only way she could get full custody is if she could prove that you were an unfit parent or you signed custody of the children over to her. The fact that she lied to the courts about the assult family violence order just shows the judge that she can't be trusted.

    The classes will speak volume in the courtroom. My husband was a case manager for DCF for years. He always suggested that parents take parenting and drug and alcohol classes. It only strengthens your case.

  • ?
    Lv 4
    8 years ago

    In that you have a history of drinking excessively, the first thing I would do is stop all alcohol consumption. If you can prove to a court that you no longer drink and that you have learned your lesson, they may have compassion for your having shared custody. Don't use booze as a crutch, for it makes things worse, not better. If you have little or no money, talk to your County Attorney about having a court appointed lawyer represent you and tell him or her that you want to have shared custody of your children. You definitely need legal representation. In that you say it was you that recently filed for divorce, you must have a lawyer. Join AA if you need support to quit drinking.

    Source(s): Common sense.
  • Anonymous
    8 years ago

    I went thru the same thing two years ago with my ex husband.... Him being u... But I never tried to take our son away from him.. My advice... Take parenting classes... Alcohol/drug classes... Not court ordered.. On your own... If you are on disability.. And don't work.. Go to school online.... All of this will look better for you.... If a judge sees you at trying to better yourself 150% there is no reason for the judge to take away there father.... My uncles are all divorce lawyers in California... Believe me when I say.. Better yourself and you will have nothing to worry about

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  • Anonymous
    8 years ago

    Both of you sound like hot messes that shouldn't be aloud to take care of children.

    Stop this nonsense.

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