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what2do
recently joined

Reged: 01/29/08
Posts: 24

new and need help

#352964 - 01/29/08 08:42 AM

Not sure if theis is the right one to post this in.

My husband and I have been together for 5 years. Married almost 2 years. He has put me through alot and I can't take no more.

2 days after our wedding I found out he cheated and the woman was 5 months pregnant. She called and told me. She also told me about another woman that had a 2 1/2 week old by him and I called that woman. So I find out about 2 kids 2 days after marrying someone I had been with before the children were conceived.

I stuck by his side like a dummy. Have been helping to raise his son. The other child was found not his. I get his son everyother weekend while my husband works or goes out. He barely spends time with him.

So now my husband cheated on me with his son's mom about 2 months ago and I found out this week. I kicked him out 3 days ago. Since then he has been verbally abusive and even told me to go F**k my own son and my dog. Gross!

My questions are can I make him stay out? What do I file or do to make sure he can not come here near me or my kids?

Do I have any rights for visitation with his son? We are close and my kids love him like a brother. They have cried everyday for their brother. I have tried explaining that he can't come here at least right now. I have been a constant in this childs life from day one. Even went to the hospital when he was born.

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PhoenixRising
Carpal \'Tunnel

Reged: 01/05/07
Posts: 3681
Loc: New York

Re: new and need help

[Re: what2do]
#353446 - 01/29/08 06:05 PM

No, you have no right to kick him out.. He can bring the police and file a complaint against you.. It is his home also.

The good news is if he comes back the children won't be missing each other.. otherwise; no you have no visitation rights to the stepchild of your 2yr marriage...

--------------------
Be kind, for everyone you meet is fighting a hard battle. --Plato

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what2do
recently joined

Reged: 01/29/08
Posts: 24

Re: new and need help

[Re: PhoenixRising]
#353499 - 01/29/08 08:47 PM

Well I was told by the police that I could call if he came back and they would make him leave because he was verbally abusive. I can't make him stay away unless it's done through court and I am taking care of that now.

Yes the children won't miss each other but my kids might have to deal with their mom dying of AIDS or something else because of his cheating. He has cheated several times.

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Chris_C
newbie

Reged: 02/18/08
Posts: 31

Re: new and need help

[Re: what2do]
#363570 - 02/20/08 01:48 AM

You need to file for divorce and get an order for exclusive possession of the marital residence. Of course the step son complicates things because you will have no rights to see him.

You need to decide what you really want long term.

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Maury
Carpal \'Tunnel

Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->

Re: new and need help

[Re: Chris_C]
#365462 - 02/24/08 12:15 AM

You must commence a legal action, either a legal separation or a divorce, and file a Motion for temporary relief. As part of such a motion, a court can determine who shall have occupancy of the residence.

Some states also allow third party visitation for children they have helped to raise. You would have to look into your particular state statutes. It is not a foregone conclusion that you have no rights in that regard.

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