It seems like she set a precedent with her first child but you’d have to prove that she abandoned him–not easy to do. I recommend a custody mediation where you can bring these issues out in front of a mediator, and see what your spouse says. If she really did say she doesn’t want the children, then offer her the “benefits” that would make that most attractive. Don’t ask for daycare, or health insurance money, or anything else that might be a “deal breaker” IF you are truly interested in the welfare of your children. Judging from your spouse’s words–if they are indeed true–somebody damn well better be.
Dear ArthurP:
Greetings. Yes, this information is relevant for a trial on the issue of custody. If she does not want your current children, why does she not let them come and live with you? Thank you.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
My soon to be ex had a child out of wed not with me many years ago he is now 21 years old and lives in a different country and always has.
We have two children of our own I want to have primary care will this help me out or will this hurt me I tried for many years to get him but she did not want him. Is this a clear point that one she does not want the children and that she left him for good. He was living with my STBX sister mainly I sent money to help with the family and even made them a home and also sent him to school.
Is this not abandonment on the part of her with her first child that she left and does not want. She has even told others that she does not want our children and told even me.
Can you please help me and tell me what should be done
Thank you