Trouble in Paradise
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Not so small vent (update also)

So, my H apparently did file paperwork with the court for divorce and child custody...he just chose not to serve me with them. This afternoon when we met to exchange the baby, he informed me that there was a hearing scheduled for Tuesday, but since he hadn't served me yet it would "probably" be cancelled. He said the courts took it upon themselves to schedule the hearing and he had nothing to do with it. I left a message for an attorney, but will have to wait until tomorrow to find out what I need to do. He said he filed the papers "just in case" and decided not to serve me yet since we are in counseling trying to work things out. (I am simply attending counseling to get us to a place where we can communicate civilly about our child...not to fix the relationship as I do not want to be with my H any longer...our counselor knows this but has not shared it with H)

On top of it all, my MIL, who is a HUGE problem in our relationship, came into town and I agreed (reluctantly) to allow her to baby it our baby during the day when she was here on the days my mom usually doesn't watch the baby. So, originally this was supposed to be a 2 day thing. Well, she extended her visit and now expects to have my son for a few extra days next week...I said no, he needs to get back to his regular schedule, and that started a HUGE fight. 

I am so over my H and his mother trying to override my decisions for my child's care and this really is the last straw for me. I'm just frustrated and needed an outlet.

Re: Not so small vent (update also)

  • Get to an attorney before he can serve you and file. Don't let him get the upper hand here. Good luck!
  • LeaZLeaZ member
    10 Comments 5 Love Its
    I have an attorney, I spoke with him previously when things started to go south so he is expecting to hear from me. I guess I'll just have to scramble tomorrow to get in touch with him.
  • edited March 2014
    LeaZ said:
    So, my H apparently did file paperwork with the court for divorce and child custody...he just chose not to serve me with them. This afternoon when we met to exchange the baby, he informed me that there was a hearing scheduled for Tuesday, but since he hadn't served me yet it would "probably" be cancelled.

    This is funky and I say he's either misinformed or he is trying to scare the pants off you.

    Tomorrow without fail: you get to an attorney and you give all this information to him. Also get the name of your H's attorney.

    Personally, I say your H is full of shit. There can't be a hearing yet --- there's a 35 day period for the defendant -- that would be you, since your H is the one who filed --- to sign and return the papers. In our state, if they aren't signed and returned by the defendant, the case is defaulted. There's a court hearing, there's a divorce and that's that.

    Only after the 35 days is up is there a hearing....and sometimes that takes awhile. It may even take awhile for papers to be served.

    There are defendants that ask for an 'extension" of the first 35 day period -- I forget the legal term for it --  here's an example why: he can't raise the amount of money for the retainer and he's asked for more time (an additional 35 days) so he can pay who he needs to pay rather than default the case.

    Until the 35 days are up (or 35 more days after that, in the caswe of the above example) there's no hearing scheduled. So he is full of dogshit.

    I would NOT let him be alone with the child  until a court decides on visitation. Don't trust this mongrel.

    He said the courts took it upon themselves to schedule the hearing and he had nothing to do with it. I left a message for an attorney, but will have to wait until tomorrow to find out what I need to do. He said he filed the papers "just in case" and decided not to serve me yet since we are in counseling trying to work things out. (I am simply attending counseling to get us to a place where we can communicate civilly about our child...not to fix the relationship as I do not want to be with my H any longer...our counselor knows this but has not shared it with H)

    I suggest YOU do the filing if you do not wish to continue the relationship. This marriage to him is not for you, to put it politely.

    On top of it all, my MIL, who is a HUGE problem in our relationship, came into town and I agreed (reluctantly) to allow her to baby it our baby during the day when she was here on the days my mom usually doesn't watch the baby. So, originally this was supposed to be a 2 day thing. Well, she extended her visit and now expects to have my son for a few extra days next week...I said no, he needs to get back to his regular schedule, and that started a HUGE fight. 

    I am so over my H and his mother trying to override my decisions for my child's care and this really is the last straw for me. I'm just frustrated and needed an outlet.
    Simplifly life for yourself:

    You go to an attorney and you file. Let his sorry ass be served; you divorce him.

    he's got 35 days after that to sign and return the complaint.

    Get your financial ducks in a row in the meanwhile; protect your assets.

    And do NOT let that horrible woman go near your  child. She's a problem; you need this like you need the proverbial hole in the head.

    Take back your life and your child; divorce this jerk -- as i said, you file -- and that's the end of any contact with his mother, also.

    Wishing you luck.

    And counseling for you --- you need to learn how ti stick up for yourself. Let nobody push you around or take advantage of you. You "reluctantly agreed"?? No more of this bullshit. Stand up for yourself; learn how to, with a counselor's help.

    I strongly suggest you do so.

    Because if you don't, he will have the upper hand forever, even when you are divorced.  You need to stand up for  your kiddo --- do you want that horrid woman near your child, even after you're divorced???

    Think about it.
  • Yea seriously, I would not let THAT woman anywhere near my child while all of this is going on because who knows what she might do. You never know if she could take off with your child and until this is settled and there is a custody arrangement in place, I would not allow visits with these people.

    Sorry for your troubles, OP.
  • Another tidbit of advice...Do not be nice. Ask for full custody. Go for everything. You may not get it, but start big. 

    Don't worry about hurting him or trying to be reasonable. He's going to be a huge dick with his family backing him all the way. Stay strong. 

    I wouldn't let his mom see your baby at this point. She has no legal right to visitation. 

    File, ask for everything, have him served, and let the courts sort it out. 

    would also ask your attorney about your current visitation agreement since it's not legally binding at this point. You don't want to hand your kid over, have him get served, and him decide not to give your kid back. Until there is a custody agreement in place, ask your attorney what you should do. I, personally, wouldn't be handing that baby over unless I was legally obligated to do so.

    I know you're just trying to be civil, but he isn't going to be. Don't let him fool you. His actions have shown his lack of respect for you. Again, I am just so very sorry you are going through this. I've been through it with a close family member and it is hard, but you will be ok and it will get better. 
    :)
  • edited March 2014
    LeaZ said:
    I have an attorney, I spoke with him previously when things started to go south so he is expecting to hear from me. I guess I'll just have to scramble tomorrow to get in touch with him.
    Part of the divorce settlement: make it so that your H pays all of your legal expenses. And that includes everything involved in the divorce in addition to the retainer you're going to pay.

    Tough rocks for him; time is money. And he is the cause of the problem.

    Don't let him have any visitation until a court decides what and when. If you do not wish to tell him that, have your attorney send him a letter. He can't argue with an attorney and he'll be on his very bestest behavior after that, being the divorce hearing is coming up.

    Do not be surprised if he does not sign and return. It is in your favor if he lets the divorce go uncontested.
  • LeaZLeaZ member
    10 Comments 5 Love Its

    I'll add that the only reason I agreed to MIL watching the baby when she was here was because H agreed to work from home those days so she would not be unsupervised with him. I was still reluctant, because I do not trust that woman at all at this point, but I didn't want to cause anymore reasons for us to fight, but int eh end it backfired anyway because these people are never happy with what they get, they always have to push for more, more, more at any cost.

  • Well, that's all fine and good, but really, the only person that you maybe would have to be amicable with would be the father of your child - not his bitch mother. And given his treatment and lack of respect to you, I'd say time for the gloves to come off. You've seen how she is and you see how your H is so now is the time for you to stand up for yourself and tell them NO. NO, she is not the parent and therefore she does not get access to your child. NO, you will not give them access until there is some custody arrangement in place to protect you and your child. And you absolutely need to stand up and tell her to stay out of this - this is between you and your STBX.
  • Well, that's all fine and good, but really, the only person that you maybe would have to be amicable with would be the father of your child - not his bitch mother. And given his treatment and lack of respect to you, I'd say time for the gloves to come off. You've seen how she is and you see how your H is so now is the time for you to stand up for yourself and tell them NO. NO, she is not the parent and therefore she does not get access to your child. NO, you will not give them access until there is some custody arrangement in place to protect you and your child. And you absolutely need to stand up and tell her to stay out of this - this is between you and your STBX.
    All of this! However, I would wait to take those gloves off until you get your ducks in a row and have him served.

    Unfortunately, when all the dust settles, you won't have any control over your former MIL's relationship with your child. When your STBX has visitation, she will be seeing the child. 

    This is the hard part when you have a child with someone and realize you shouldn't have. Luckily, your baby won't remember this trying time. That is the silver lining here and another reason you need to dissolve this marriage now as opposed to later. STBX has shown who he is. Good for you for seeing it for what it is despite the difficulty of dealing with all this.

    When things do start to happen, (he doesn't return the baby on time, violates any court order...) don't give any slack. Report all violations to friend of the court immediately and stick to whatever the agreement is. If things go well, you can decide if you can have a more lax custody agreement and co-parent like civilized adults. I really hope that is where you end up. Make sure to show from the get go you will not be pushed around though. Demand the respect you deserve up front. He needs to earn your respect back after how he has behaved.

    Do take whatever your attorney's advice is regarding visitation until then. Hopefully, it will be to wait to hand over the baby until something is legally binding. 
  • LeaZLeaZ member
    10 Comments 5 Love Its

    Thank you....I have really been trying to be as civil as possible, but I fee like H and his family are never satisfied, if I give any slack at all then they just try to see how much more they can squeeze out of me. Its really sad.  H has been seeing a counselor on his own, he has been a lot more civil with me for the most part, but anytime I have disagreed or not given into his demands he still flies off of the handle and we are back where we started, only he makes comments like "I was nice to you today, and now you can't do anything for me." Which just shows me its all surface level changes, nothing substantial or deep.

    I am terrified of the impact his family will have on my baby when I am not there to protect him, but at least by leaving I will be able to show him how a real family treats eachother and hopefully that will counter-act any negative effects.  I just really wish this side had come out before the baby was born, I never would have stayed with him had I known that this is what I married into...I would have much rathe rhad the baby on my own and been able to enjoy my first few months with him that to be put through hell like I have been. 

  • There may be a silver lining in this.:)

    A friend of mine has been divorced now for over 16 years and she says that this is the best she's gotten along with her xH. They are now more or less very good friends.:)

    He can't do enough for the kids --- in lieu of child support he's paid for a quite good house for her to rent to stay in with the kids --- I say she got the better of the deal vs child support checks for the kiddoes.


  • LeaZ said:

    Thank you....I have really been trying to be as civil as possible, but I fee like H and his family are never satisfied, if I give any slack at all then they just try to see how much more they can squeeze out of me. Its really sad.  H has been seeing a counselor on his own, he has been a lot more civil with me for the most part, but anytime I have disagreed or not given into his demands he still flies off of the handle and we are back where we started, only he makes comments like "I was nice to you today, and now you can't do anything for me." Which just shows me its all surface level changes, nothing substantial or deep.

    I am terrified of the impact his family will have on my baby when I am not there to protect him, but at least by leaving I will be able to show him how a real family treats eachother and hopefully that will counter-act any negative effects.  I just really wish this side had come out before the baby was born, I never would have stayed with him had I known that this is what I married into...I would have much rathe rhad the baby on my own and been able to enjoy my first few months with him that to be put through hell like I have been. 

    Bolded, uh yeah, this isn't a used car deal, buddy!

    This is very scary. I don't blame you for being concerned. But...the fact is, you will likely end up with joint custody. You can't control what happens when LO is with him. What you can control is what happens in your home. 

    No talking bad about XH or his family. If LO asks uncomfortable questions (and it will happen) keep it in a positive light. "Mommy...daddy and grandma say you're a horrible bitch"... "I'm sorry they feel that way, your daddy loves you. Would you like kitty ears or doggy ears for your sandwich?".

    I know it sounds a little silly, but it works. My parents never spoke bad of each other (even when they were really pissed) and it made a huge difference for me. 

    When my sister got divorced, we did the same. Her XH and his family said all sorts of horrible things about us, we just never engaged. Now we have one kiddo (eek! 21! Not such a kiddo) who is doing well, and one in med school. They both tell us now they liked that they always felt they could talk to us...good or bad...and not have to hear crap about that douche bag or his family. 

    They figured out what was what on their own by seeing how things were in sis's home as opposed to her X's. Kids are smart.

    Don't think too far ahead. One day at a time for now. Hugs!
  • edited March 2014
    And if you do indeed find out that your child is being used as a middle man or hideous, incorrect and defamatory things are being said in front of her,

    1-Have an issue with it --- remember I said do not let anybody push you around
    2-Tell yoru attorney immediately. There may be a way for you to get his visitation hours revoked or legally monitored in some way where that harridan will be out of the picture completely.

    He may have to have supervised visitation. That would be best for the kiddo.

    This is your next big hurdle: oh, she can call you what she wants to call you and you can settle the score your way -- but wow, now a kiddo is involved and this type of garbage straight out of the gutter cannot happen. Take control and take command and don't stand for it.

    Give your attorney a heads up about Little Miss Manners and her bad behaviors.  Don't let your child hear trash talk or anything that is not respectful to ALL parties.
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