I removed this particular portion because I don’t want the “wife” to be aware of it. However, if need be I do have a back-up copy if it.
Your children cannot make the decision of who they want to live with, the court will make a determination of custody based on what it finds to be in their best interests. Children may speak to the judge in chambers, and the judge can consider what they have to say, however their wishes are not the determinative factor.
Your wife has an obligation to support the children and should be paying you child support.
You may legally withdraw ½ of what is in the bank accounts.
She may not re enter the residence without your express permission, and you may change the locks, I would suggest you do so, and set up a time where she may come and retrieve her personal items.
To the best of knowledge, she / we currently only have the joint (checking) bank account with any funds in it. Also, I not aware of any savings accounts she may “secretly” have. Her pay is automatically deposited every Friday and, given that we live from pay-check to pay-check, the account in question is usually close to being depleted, or in the red, on a regular basis. Therefore, since this account is very dynamic, can I legally withdraw ½ of what is in the bank on a weekly basis?
No, the funds she earns after the date of separation are not marital property, only funds earned during the marriage that were in the account on or before the date of separation are divisible.
Moving forward you are entitled to support which will come from her earnings.
One more thing. So you’re saying that when the boys get dropped of here from the school bus, she can not take them from me unless ordered by a court, or unless I voluntarily give to her? What would happen if they wanted to spend a night with her (to which I may or may agreed) and she refused to return them to me on the agreed date and time?
She may take the children whenever she pleases, as can you. Until there is a court order in place you both have equal rights to the children.
Ok thank you, you have been very helpful and, by the looks of things, I will be doing business with the Rosen Law Firm very soon…
You are welcome. Please contact our client liaison to set up an appointment.