Emotional/Physically Abusive Wife Need to Leave


#1

My wife and I have been married for 8 years and have two children ages 5 and 3. My wife has a history of anxiety/depression and has taken zoloft for it in the past. When things started getting difficult in our marriage I suggested she seek treatment from a physician and she told me that she wasn’t crazy and wasn’t taking any crazy pills. We were seperated for over a year in 2009, but I love my children and felt I should try and give it one more try for my children. We have been living in a rented home that she rented when we were seperated (Lease is in her name with her mother) because she didn’t want to move back into our original marital residence.

Last week while we were arguing, she stated that she wanted me to leave. I told her that I wasn’t going to leave in the middle of the night because that wasn’t fair to our children. She said that if I didn’t leave she would call the police and have me escorted from the residence. I told her that even though the lease was in her name, this was a marital residence and I was paying bills here so she couldn’t force me from the house. I told her it was late (12:30) and I was going to bed, I was tired of arguing. I asked her if she wanted me to sleep in the bed or not and she said that she didn’t want me to sleep in the bed. I went to go sleep in the bedroom with our five year old son. She came running into the bedroom and jumped over our son to try and wrestle my cell phone from me because she thought I had been recording her arguing with me and threatening me that I would never see my children more than every other weekend. It turns out she had called the police and after about 40 minutes of speaking with the police and my assurances that there was no want or need for conflict on my part they left.

I want to leave but fear if I do, she will restrict my access to our children. She has a history of threatening me by threatening to call the police and share the reports with my employer. I have no problem paying her child support, but she has stated that the more nights she has the kids, the more money she gets. How can I protect my rights to my children and leave at the same time. I don’t think she will be reasonable and fear what she may do next to try and make things difficult in our home.

Please help!!!


#2

At this point, given the tension in the house, I would suggest you do leave, and return to the marital residence. I would suggest filing an action for custody, an including a motion for temporary custody so that you may have a hearing quickly to determine a schedule.