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Divorce Source Community Forums >> Domestic Violence/Abuse

Tim_M
journeyman

Reged: 07/15/07
Posts: 87
Loc: Missouri

Re: Reversed role emotional abuse

08/09/07 06:39 PM

452.310 states that a child shall not be removed the state without permission of the judge, empowers the judge to use all of his powers (including contempt) to enforce this provision, and provides that I cannot be ordered to pay her legal and court costs for this motion. 452.377 requires 90 days notice of relocation, provides the judge with the same powers as the previous section, states that relocation without a court order is a fault for custody issues, and prohibits the court from ordering me to pay her legal and court expenses. A third section states that violation of the first two statutes are grounds for loss of custody. My attorney, who knows this judge fairly well, says that if the motion is filed, he will order her immediate return, and probably find her in contempt. I DID research case law, as did my attorney, and my daughter WILL be ordered returned to Missouri for at least 60 days, maybe longer.

While she alleged abuse for the OP, there was no finding of abuse by the court. My attorney said that when it comes to the other hearing, in which I am contesting the grounds for divorce, the standards under which she would need to prove abuse are higher than in the OP hearing, and that she is unlikely to convince the judge. There has been NO abuse; at the OP hearing, all she had to do was allege "fear of violence," but at the next hearing, she has to PROVE violence, threats, or abuse. It's why I agreed to the consent decree. It meant that there was no finding of abuse, and I already knew that the legal hurdle she faced at the next hearing was more difficult. It was a tactical move.

But that consent decree means that I cannot be physically in the same place as my wife. So, when the judge orders her return, she will claim that the only place she can stay is right where I am, basically kicking me out into homelessness until an emergency order for maintenance is in effect. That's why I want my attorney to try to preclude that; she makes $6,000 plus per month, I make nothing. She can afford to rent an apartment in town, I cannot. I have no idea how that will turn out.

My attorney (who is a family law specialist) claims that a detailed depostion from my doctor is all that is necessary to obtain maintenance. He has successfully done this many times. He said that with my past VA disability, my current medical documentation, a deposition from my doctor, and even my permanent handicapped permit is all overwhelming evidence of my inability to work. I will just have to wait and see what happens.

He states that I will get maintenance, without question, but the amount and length of time are the two open questions.

Since my wife took all of our financial records, I do not even know what my debts are. She concealed our finances for a year and a half, so I am completely in the dark. We haven't reached the point of discovery yet. She has been paying all of the debts so far, but I received notice today that my credit rating has deteriorated; I expect our joint unsecured debt (which is nearly all of the debt we have besides the mortgage) to begin seeing interest rate increases, due to that deterioration.

I guess that there isn't much more to say, except that I need a miracle right now. And I am praying for one.

Post Extras

Entire topic
Subject	Posted by	Posted on
Reversed role emotional abuse	Tim_M	07/18/07 08:37 AM
Re: Reversed role emotional abuse	almostheaven	07/18/07 07:26 PM
Re: Reversed role emotional abuse	googledad	07/18/07 11:04 PM
Re: Reversed role emotional abuse	almostheaven	07/19/07 09:09 AM
Re: Reversed role emotional abuse	Relayer	07/19/07 05:15 AM
Re: Reversed role emotional abuse	Tim_M	07/19/07 07:56 AM
Re: Reversed role emotional abuse	Relayer	07/19/07 02:14 PM
Re: Reversed role emotional abuse	Tim_M	07/19/07 03:30 PM
Re: Reversed role emotional abuse	almostheaven	07/19/07 05:42 PM
Re: Reversed role emotional abuse	Tim_M	07/19/07 05:48 PM
Re: Reversed role emotional abuse	Relayer	07/19/07 05:46 PM
Re: Reversed role emotional abuse	Tim_M	08/02/07 01:35 PM
Re: Reversed role emotional abuse	emilar	08/02/07 06:32 PM
Re: Reversed role emotional abuse	Tim_M	08/02/07 07:09 PM
Re: Reversed role emotional abuse	April9418	08/06/07 06:20 PM
Re: Reversed role emotional abuse	Tim_M	08/06/07 06:40 PM
Re: Reversed role emotional abuse	Tim_M	08/09/07 11:21 AM
Re: Reversed role emotional abuse	Relayer	08/09/07 06:10 PM
Re: Reversed role emotional abuse	Tim_M	08/10/07 09:01 PM
Re: Reversed role emotional abuse	emilar	08/11/07 09:50 AM
Re: Reversed role emotional abuse	Relayer	08/11/07 04:27 AM
Re: Reversed role emotional abuse	Tim_M	08/11/07 07:28 AM
Re: Reversed role emotional abuse	Relayer	08/11/07 08:48 AM
Re: Reversed role emotional abuse	Tim_M	08/11/07 10:53 AM
Re: Reversed role emotional abuse	Relayer	08/11/07 03:59 PM
Re: Reversed role emotional abuse	emilar	08/11/07 07:09 PM
Re: Reversed role emotional abuse	Relayer	08/11/07 07:32 PM
Re: Reversed role emotional abuse	Tim_M	08/12/07 10:22 AM
Re: Reversed role emotional abuse	emilar	08/12/07 12:00 PM
Re: Reversed role emotional abuse	Tim_M	08/12/07 12:48 PM
Re: Reversed role emotional abuse	Relayer	08/12/07 03:14 PM
Re: Reversed role emotional abuse	Tim_M	08/12/07 08:22 PM
I have an unrelated question...	almostheaven	08/12/07 09:06 PM
Re: I have an unrelated question...	Tim_M	08/12/07 09:19 PM
Re: I have an unrelated question...	almostheaven	08/12/07 10:47 PM
BTW...	almostheaven	08/12/07 10:51 PM
Re: BTW...	Relayer	08/13/07 04:15 AM
Re: BTW...	emilar	08/13/07 06:32 AM
Re: BTW...	Tim_M	08/13/07 06:46 AM
Re: BTW...	Relayer	08/13/07 08:01 AM
Re: BTW...	Tim_M	08/13/07 10:37 AM
Re: BTW...	emilar	08/16/07 11:04 AM
Re: BTW...	Tim_M	08/16/07 12:28 PM
Re: BTW...	emilar	08/17/07 08:08 AM
Re: BTW...	Tim_M	08/17/07 08:38 AM
Re: BTW...	Tim_M	08/17/07 12:24 PM
Re: BTW...	Tim_M	08/18/07 08:01 AM
Re: BTW...	Relayer	08/18/07 10:09 AM
Re: BTW...	Tim_M	08/18/07 10:15 AM
Re: BTW...	almostheaven	08/18/07 10:15 AM
Re: BTW...	Relayer	08/18/07 10:53 AM
Re: BTW...	emilar	08/18/07 11:11 AM
Re: BTW...	Tim_M	08/18/07 11:29 AM
Re: BTW...	Relayer	08/18/07 11:48 AM
Re: BTW...	Tim_M	08/18/07 02:07 PM
Re: BTW...	Relayer	08/18/07 02:46 PM
Re: BTW...	emilar	08/19/07 11:23 AM
Re: BTW...	emilar	08/29/07 07:42 PM
Re: BTW...	Tim_M	08/30/07 07:23 AM
Re: BTW...	emilar	09/29/07 08:47 PM
Re: BTW...	Tim_M	09/30/07 07:40 AM
Re: BTW...	emilar	09/30/07 09:30 AM
Re: BTW...	Tim_M	09/30/07 09:57 AM
Re: BTW...	emilar	11/13/07 05:49 PM
Re: BTW...	emilar	08/18/07 11:41 AM
Re: BTW...	Relayer	08/18/07 11:15 AM
Re: Reversed role emotional abuse	Tim_M	08/09/07 06:39 PM
Re: Reversed role emotional abuse	almostheaven	08/09/07 05:22 PM
Re: Reversed role emotional abuse	Tim_M	08/09/07 06:14 PM
Re: Reversed role emotional abuse	almostheaven	08/09/07 06:25 PM
Re: Reversed role emotional abuse	Tim_M	08/09/07 06:40 PM
Re: Reversed role emotional abuse	Tim_M	08/09/07 01:02 PM
Re: Reversed role emotional abuse	emilar	08/09/07 04:20 PM
Re: Reversed role emotional abuse	Tim_M	08/09/07 06:47 PM
Re: Reversed role emotional abuse	emilar	08/10/07 08:58 AM
Re: Reversed role emotional abuse	Tim_M	08/10/07 01:44 PM
Re: Reversed role emotional abuse	emilar	08/10/07 03:50 PM
Re: Reversed role emotional abuse	Tim_M	08/10/07 07:59 PM
Re: Reversed role emotional abuse	Relayer	08/09/07 05:15 PM
Re: Reversed role emotional abuse	almostheaven	08/09/07 05:23 PM
Re: Reversed role emotional abuse	Tim_M	07/20/07 07:52 AM
Re: Reversed role emotional abuse	almostheaven	07/20/07 06:16 PM
Re: Reversed role emotional abuse	Tim_M	07/20/07 08:42 PM
CANCEL THEM!!!!!!	almostheaven	07/20/07 08:45 PM
Not to mention...	almostheaven	07/20/07 08:46 PM
Re: Not to mention...	Tim_M	07/20/07 08:49 PM
Re: Not to mention...	almostheaven	07/20/07 08:54 PM
Re: Not to mention...	Tim_M	07/20/07 09:00 PM
Re: Not to mention...	Tim_M	07/20/07 09:04 PM
Re: Not to mention...	Relayer	07/21/07 04:04 AM
Re: Not to mention...	Tim_M	07/21/07 11:55 AM
Exactly...	almostheaven	07/21/07 08:26 PM
Re: Exactly...	Relayer	07/22/07 05:34 AM
Re: Reversed role emotional abuse	Relayer	07/20/07 08:01 AM
Re: Reversed role emotional abuse	Tim_M	07/20/07 09:20 AM
Re: Reversed role emotional abuse	Relayer	07/20/07 10:25 AM
Re: Reversed role emotional abuse	almostheaven	07/19/07 05:48 PM
Re: Reversed role emotional abuse	Relayer	07/18/07 10:13 AM
Re: Reversed role emotional abuse	Tim_M	07/18/07 12:55 PM
Re: Reversed role emotional abuse	Relayer	07/18/07 01:50 PM
Re: Reversed role emotional abuse	Tim_M	07/18/07 02:13 PM
Re: Reversed role emotional abuse	Relayer	08/12/07 09:36 PM
Re: Reversed role emotional abuse	jaiye	07/23/07 08:50 PM
Re: Reversed role emotional abuse	Tim_M	07/23/07 09:04 PM
Re: Reversed role emotional abuse	emilar	07/29/07 06:00 PM
Re: Reversed role emotional abuse	Tim_M	07/29/07 07:16 PM
Re: Reversed role emotional abuse	emilar	07/29/07 08:15 PM
Re: Reversed role emotional abuse	Tim_M	07/29/07 08:43 PM
As an aside...	almostheaven	07/29/07 09:21 PM
Re: As an aside...	Relayer	07/30/07 06:07 AM
Re: As an aside...	almostheaven	07/30/07 11:18 AM
Re: As an aside...	Tim_M	07/30/07 06:10 AM
Re: As an aside...	Relayer	07/30/07 06:30 AM
Re: As an aside...	Tim_M	07/30/07 06:36 AM
Re: As an aside...	Relayer	07/30/07 08:02 AM
Re: As an aside...	Tim_M	07/30/07 08:54 AM
Actually, you do have an out...	almostheaven	07/30/07 11:20 AM
Re: Actually, you do have an out...	Tim_M	07/30/07 11:29 AM
Re: Actually, you do have an out...	Relayer	07/30/07 12:50 PM
Re: Actually, you do have an out...	Tim_M	07/30/07 01:07 PM
Re: Actually, you do have an out...	Relayer	07/30/07 01:39 PM
Re: Actually, you do have an out...	Tim_M	07/30/07 02:31 PM
Re: Actually, you do have an out...	Tim_M	07/30/07 04:05 PM
Re: Actually, you do have an out...	almostheaven	07/30/07 10:02 PM
Re: Actually, you do have an out...	Relayer	07/30/07 06:55 PM
Re: Actually, you do have an out...	Tim_M	07/30/07 07:29 PM
Re: Actually, you do have an out...	almostheaven	07/30/07 10:07 PM
Re: Actually, you do have an out...	Tim_M	07/31/07 05:31 AM
Re: Actually, you do have an out...	emilar	07/31/07 09:44 AM
Re: Actually, you do have an out...	Tim_M	07/31/07 10:13 AM
Re: Actually, you do have an out...	emilar	07/31/07 10:20 AM
Re: Actually, you do have an out...	Tim_M	07/31/07 11:09 AM
Re: Actually, you do have an out...	almostheaven	07/31/07 10:20 PM
Re: Actually, you do have an out...	Tim_M	08/01/07 07:33 AM
Re: Actually, you do have an out...	Relayer	07/31/07 12:04 PM
Re: Actually, you do have an out...	Tim_M	07/31/07 12:17 PM
Re: Actually, you do have an out...	Relayer	07/31/07 12:21 PM
Re: Actually, you do have an out...	almostheaven	07/31/07 10:21 PM
Re: Actually, you do have an out...	Tim_M	07/31/07 12:24 PM
Re: Actually, you do have an out...	almostheaven	07/31/07 10:22 PM
Re: Actually, you do have an out...	Relayer	07/31/07 12:36 PM
Re: Actually, you do have an out...	Relayer	07/31/07 12:36 PM
Re: Actually, you do have an out...	Tim_M	07/31/07 12:47 PM
Re: Actually, you do have an out...	emilar	07/31/07 01:22 PM
Re: Actually, you do have an out...	Tim_M	07/31/07 01:46 PM
Re: Actually, you do have an out...	emilar	07/31/07 02:42 PM
Re: Actually, you do have an out...	Tim_M	07/31/07 03:33 PM
Re: Actually, you do have an out...	emilar	07/31/07 07:28 PM
Re: Actually, you do have an out...	Tim_M	07/31/07 07:37 PM
Re: Actually, you do have an out...	Tim_M	07/31/07 07:39 PM
Re: Actually, you do have an out...	almostheaven	07/31/07 10:25 PM
Re: Actually, you do have an out...	emilar	07/31/07 09:23 PM
Re: Actually, you do have an out...	Tim_M	08/01/07 07:49 AM
Re: Actually, you do have an out...	emilar	08/01/07 06:12 PM
Re: Actually, you do have an out...	Tim_M	08/01/07 06:32 PM
Re: Actually, you do have an out...	emilar	08/01/07 06:49 PM
Re: Actually, you do have an out...	Tim_M	08/01/07 07:07 PM
Re: Actually, you do have an out...	emilar	08/01/07 07:16 PM
Re: Actually, you do have an out...	emilar	08/01/07 07:32 PM
Re: Actually, you do have an out...	Relayer	07/31/07 01:11 PM
Re: Actually, you do have an out...	Tim_M	07/31/07 01:14 PM
Re: Actually, you do have an out...	emilar	07/30/07 07:23 PM
Re: Actually, you do have an out...	Tim_M	07/30/07 07:33 PM
Re: Actually, you do have an out...	emilar	07/30/07 07:55 PM
Re: Actually, you do have an out...	Tim_M	07/30/07 08:23 PM
Re: Actually, you do have an out...	emilar	07/30/07 09:00 PM
Re: Actually, you do have an out...	Tim_M	07/30/07 09:18 PM
Re: Actually, you do have an out...	emilar	07/30/07 10:07 PM
Re: As an aside...	Relayer	07/30/07 08:56 AM
Re: Reversed role emotional abuse	emilar	07/29/07 09:07 PM
Re: Reversed role emotional abuse	Relayer	07/18/07 02:43 PM
Re: Reversed role emotional abuse	Tim_M	07/18/07 02:55 PM
Re: Reversed role emotional abuse	Relayer	07/18/07 04:20 PM
Re: Reversed role emotional abuse	Tim_M	07/18/07 06:17 PM
Re: Reversed role emotional abuse	Relayer	07/18/07 06:43 PM
Re: Reversed role emotional abuse	Tim_M	07/18/07 07:14 PM

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