MadDad
newbie
Reged: 08/07/07
Posts: 30
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(Posted this in the Nebraska forums, but there is not a lot of activity there)
I have been married for 12 years, my wife got mad because her step son (from a previous marriage)and I got into a shouting match on whether he had to clean the kitchen. End result, she went to see an attorney and found out that she could divorce me without reason, get awarded custody of the kids, and stick me with a $1600/month child support bill.
This is happening after 12 years of being a devoted husband and father and using all of my income for my family. Because she quit her job shortly after we married she is considered the primary care giver of the house even though I've shared all responsibilities when I've been home and at times solely carried the burden of house work and job.
I've had no other activites during the twelve years of marriage except those that I've done with my family. I've cared for and provided for my step son along with my three children. I've put up with her interfering family and attempted to get our marriage back on track through two seperate rounds of marital therapy despite her actions last year which included running up $13,000 in debt without informing me. Now she is staying with her parents and denying me access to my children. What in the hell is wrong with this state?
If I had quit work, went on welfare and stayed home with the kids I'd have more rights in a Nebraska custody case than I have now.
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edg326
enthusiast
Reged: 08/06/05
Posts: 350
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I replied to your other post.
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MadDad
newbie
Reged: 08/07/07
Posts: 30
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Thanks, I'll look there. Was impatient and wanted to be heard.
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edg326
enthusiast
Reged: 08/06/05
Posts: 350
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I'm going to respond to your new post here (might want to copy /paste here as well).
You need to talk to another attorney. The one you have now is an idiot. There is no way to know how a case will end, before it even starts.
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MadDad
newbie
Reged: 08/07/07
Posts: 30
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Yes, my attorney is the one that told me in Sarpy County, Nebraska I have not a lick of a chance of getting custody even though my wife has been diagnosed with depression and been on/off her meds for the last four years. This all culminated last week (the argument with my step-son happened around June 20) after we had been going to marital therapy and she had been sleeping in until 10-11 am getting up and the laying around all day on the couch saying she was too depressed to do anything, yet she was able to take the kids out on day trips on 5 separate occasions during that period.
During this time I was working 8 hour days, doing lunches, washing laundry, taking the kids to karate and fixing dinner when and if she was too tired to do it.
Now she is staying at her mothers and denying me access to my kids and my lawyer tells me that I may as well get used to it because nebraska law considers the person who spent most of the time with the children as the primary care give, working and providing shelter, food, love, and security count for nothing here.
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MadDad
newbie
Reged: 08/07/07
Posts: 30
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My lawyer told me that about the only thing that would change the custody prediction in this case is if my wife were a drug addict or a felon. so for her to lose custody she has to be a drug addict or a felon, for me to lose custody I only have to be a hard working loyal husband and loving father.
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MadDad
newbie
Reged: 08/07/07
Posts: 30
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I can only wonder what happenes in families when two working parents get divorced. Does the babysitter get custody?
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MadDad
newbie
Reged: 08/07/07
Posts: 30
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I only whish I would have been aware of how warped the laws are in this state at an earlier time. i would have quit my job to ensure my rights as a father.
Check out this site, it sums up the cracker jack laws here
http://www.fathersrightsne.org/mission.asp
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MadDad
newbie
Reged: 08/07/07
Posts: 30
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The double whammy is
1. Nebraska is a no-fault divorce state. You don't have to have any grounds other than that the marriage is irretrievably broken.
2. Physiccal custody is awarded primarily (and almost exclusively) based on who was the primary caregiver (who spent more time with the children)
Legal custody may somtimes be split, but rarely physical custody.
Out of the three judges that may here my case (acutally my wifes case since I still have not given up on the marriage, we did actually ahve ten years of what I thought was happiness) only one has ever ruled for joint physical custody in a minoirty of the cases that he has heard (according to my lawyer)
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edg326
enthusiast
Reged: 08/06/05
Posts: 350
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Do you want full custody of the children? Or would a 50/50 arrangement be more appropriate?
By the way, I live in Nebraska.
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