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complicated

OK so here's the deal.  I am seperated - my husband and I are waiting to file for divorce until we can afford it but we are friends who decided divorce was right for us.   We have both moved on.  He has a girlfriend who I am now friends with and I am desperately in love with another man.  Problem is, this other man is also technically married.  He has been living away from his wife for 3 years now.  They, like us had never gone through the legality of getting divorced.  He loves me.  He has dated in the past 3 years but nothing serious until me.  The wife (who is supposudly a lesbian) 'found out' about me and is now doing everything in her power to make his life difficult.  The biggest thing she is doing is using his children against him.  He is a wonderful father and she knows that they are his weakness.  From what I gather, she isn't exactly mother of the year, but obviously, I am biased so I won't go there.  She has basically told him that if I am around the kids AT ALL he will never see them again.  Can she do that?  She says it's for the safety of the children but she knows nothing about me and has nothing to base thinking they would be unsafe around me.  I have a child of my own.  I am a good mother and I a m a good person.  She is trying to get my name from him to do background checks on me but he won't give it to her.  This woman seems to be very jealous of the fact that he has fallen in love again.  I don't have anything to hide and part of me wants him to just give her my name so she can see that.  But again - she has a streak of evil in her and I don't want her digging into my life.  I am losing my mind here.  What can this woman do legally to keep me away?

by luvinad1976   1 Post 
Posted on 10/10/2008 10:21 AM
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Answers for "complicated"  (3) (You must be logged in to answer)




I agree with blueb. Get his agreement and see what it says. If it says ANYTHING about a girlfriend not being around then abide by that until you get it changed.
If it does not...but states overnights with someone of the opposite sex while with the children take it from someone who learned the hard way...DON'T DO IT! Not overnight.
Now if there is nothing in there...she cannot withhold visitation. She may be able to take him to court to make it so you can't but in order for it to work..you have to have been charged with abusing or molestion, drugs ..and/or if you have ever been denied visitation with your own that will be brought up. As long as you are clean then you have nothing to worry about.
If she withholds visitation then he will have to file show cause..which means she has to prove why she is doing it. That is when any dirty laundry you may have will be shown. (Closed court room...mud fight ..no one is allowed but him and her and their lawyers)
I just want to say again..follow the rules that are in that agreement until you change them or it will not go in his favor at all!
Let us know what happens.This sounds like my story! I wish though I would have had someone to warn me as I am you!
by mtnvly   2541 Posts
Posted on 10/10/2008 1:22 PM
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Most matters pertaining to children are decided upon the basis of what is in the best interests of the child.  Third party visitation, however, can be different.  In Conn., a fit parent has a the right to prohibit third party visitation unless the third party has a "parent-like relationship" with the child and unless denying visitation will result in "actual, significant harm" to the child.  So, she could petition the court to prevent you from having formal visitation with the child and, probably, to limit the father from having you with him during his visitation.  I have seen a number of separation agreements in which the parents agree to impose limits on contact with persons that either of them may be dating -- usually intended to prevent contact with causal dates and to allow contact only with someone who is in a serious relationship.  Is there any way that the father can negotiate an agreement with the mother that spells out the conditions under which someone he is dating can have contact with the children?  An agreement between the parents is almost always the best solution.  Sorry that I could not be more optimistic.
by KenBarnhart   8 Posts
Posted on 10/10/2008 11:05 AM
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Do they have a written and formal custody arrangement?  If there isn't, make sure he gets one that spells out exactly what the arrangements entail.  If there is no custody arrangement on paper through the court, she can and will be able to keep his child from him until one is worked out.  If he hasn't done this, GET ON HIS ASS TO DO  IT!!!

If there is something on paper, refer to it for any rules.  There may be a morality clause that says you might not be able to sleep overnight while his kid is there, but unless she has some kind of documented proof that you are a danger or threat to his child, then this is simply posturing.  She cannot control who he associates with, unless it's in the custody agreement...somehow, I doubt this man you love is a complete moron that would allow this woman complete control over who he gets to date, but refer to the agreement.

That's about all the advice I can think to give you at this point.  I wish you luck!!!
by BlueB   1177 Posts
Posted on 10/10/2008 11:00 AM
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