Legal Question in Civil Rights Law in Wyoming

divorce/custody/adoption

I am currently at the end of my divorce, nothing has been final. I got current Primary physical custody, thats in the temp court order papers. My husband got standard visitation. He also has custody over his two daughters from previous marriage. He is currently got visitation for the summer. He is a registered sex offender(highest risk) for indecent morals with a minor. He is very controlling very powerful, and manipulative, he's brain washing my kids, and his kids right now. His ex-wife is ill can't take care of them, also financially broke. The courts are aware of his background, it took place in the same county. Is there someway I could stiil fight for sole custody, and custody over his two kids also. Do you have any suggestions to tell my attorney. My attorney is a intern from college, and I'm not paying her. Should I hire one? And what should I tell any legal represenitive? I'm desperate, I have made it clear to the attornies, and court I don't trust him. Please do you have any suggestions?


Asked on 6/18/04, 2:43 pm

1 Answer from Attorneys

Re: divorce/custody/adoption

I do not practice family law, but here are a few general thoughts.

No disrespect to your attorney, but you need an experienced attorney who can make a persuasive case that your husband is not fit to have visitation (if true). That would probably involve hiring a psychiatric expert, investigating the husband's background, etc., assuming that you could still do those things through discovery at this point in the matter.

In the least, your attorney should argue for supervised visitation only - in other words, your husband should never be alone with the children.

As for getting custody of his children, that is highly doubtful. You would probably need a legal interest (did you adopt them or were you appointed a guardian?), but even so, the court would likely not give custody to you over your husband unless there is evidence that the children are in danger. If they were in danger, social services might get involved and the court might appoint an attorney to represent his children and their interests.

If you do fear for their safety, perhaps your attorney can raise this with the court through some type of motion for you to be appointed as their legal guardian and/or for a representative to be appointed for them. Recognize that your husband will probably fight back hard and might be even more difficult to deal with on the issue of your own children.

These are very important and complicated issues. That is why you need an experienced and sophisticated attorney, to the extent you can afford such counsel. You might try calling support groups and the like, as well as the Florida Bar, for attorney referrals.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.

Read more
Answered on 6/18/04, 5:26 pm


Related Questions & Answers

More Civil Rights Law questions and answers in Wyoming