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Everover
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Reged: 04/22/09
Posts: 3
Implementation of parenting w/o formal separation
      #525188 - 04/22/09 11:45 AM

My stb-ex and I are hopefully very close on parenting agreement. He still lives in the house and I am unsure if he plans to move out (ever!) and most likely I will be able to afford it after the divorce, and definitely he will not be able to not matter what settlement is. While we both reside there if my sons are sick at night/accident in bed/nightmare..... and I help them on father's parenting night, can he take me to court? I have a big issue with not being "mom" when my kids know I'm there. Clearly this would be solved if he moves out, but can I make him? How? Should I make this a condition of the agreement? help

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Debi
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Reged: 06/03/05
Posts: 7136
Re: Implementation of parenting w/o formal separation [Re: Everover]
      #525859 - 04/23/09 09:54 PM

I suppose he "could" take you to court, but what's he going to say? STBX and I are living in the same house but she refuses to ignore the kids? His parenting time and your parenting time would really only be effectual if you're living apart. I don't think the courts are going to take it as contept or you refusing to let the children leave with him for his parenting time when he's not taking them anyplace.

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When we were together, you said you'd die for me. Now, I think it's time you kept your promise.


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Yes_Dad
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Reged: 08/23/08
Posts: 7406
Re: Implementation of parenting w/o formal separation [Re: Debi]
      #526023 - 04/24/09 05:10 PM

Yes he could and should if you do

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Debi
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Reged: 06/03/05
Posts: 7136
Re: Implementation of parenting w/o formal separation [Re: Yes_Dad]
      #526038 - 04/24/09 09:19 PM

He should take her to court for going to a sick child when they are in the same home? Give me a break. Why would you think it's in the best interest of the child to not have both parents there if he/she is sick or scared and needs comfort? There is no way in HELL a CO would keep me from comforting my child no matter who's parenting time it is. What's she suppossed to do ignore the child or tell him "I'm sorry the judge said I have to just let you cry because only daddy can talk to you tonight?" I guess I'd be getting contempt charges and going to jail. It would be different if she were simply showing up at his home and taking over, but she's not. Based on that your response is the most asinine thing I have ever read.

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When we were together, you said you'd die for me. Now, I think it's time you kept your promise.


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Stonedog
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Reged: 11/03/09
Posts: 5
Re: Implementation of parenting w/o formal separation [Re: Yes_Dad]
      #620221 - 01/11/10 08:13 PM

So far, it has been my experience that a Judge will side with " Best interest of Child " over most anything else. Documment EVERYTHING ! Thats very very important.

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