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Legal Matters with spouse's ex-husband

Started by nikki-arising, September 05, 2018, 01:31:18 PM

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nikki-arising

My wife and I live in California and crazy enough we are members of the LDS church. I recently came out to her as Transgender with my wishes to transition. But now our problem....

We have my two step-sons living with us... 15 and 13 years old.... Their father is very much still apart of their lives, so much so that he has a key to our house and he picks them up every morning to take the oldest to seminary every morning before school and takes them to school and brings them home... etc etc... he's VERY involved... and VERY involved with church as well. We also are pretty sure he as Asperger's as well.  He doesn't have a job, never has.. he lives with his mother along with other issues i won't go into...

I have an appointment to start HRT next week and my wife knows we need to tell the boys pretty soon whats going on..that means the EX will know whats going on soon enough and she is afraid he is gonna lose it and freak out and try to legally find a way to take the boys away.

I have kids from a previous marriage and I have been through the courts. We are both pretty sure he doesn't have a leg to stand on if he tries. I am not a threat in ANY way. We have been married for almost 10 years and I have been a great stepfather to the boys in that time. She is going to consult with a couple local lawyers to confirm as well.

Has anyone out there been in a similar situation?
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Dena

Welcome to Susan's Place. I haven't been in that position but I have a rough idea what will happen. In California it's unlikely the courts will take the children away from you but it's still important that you have good lawyers backing you up. The father appears not to be a fit parent for full custody and religion shouldn't enter in to the decision. This could be different in a state like Utah but the risk is minimal in California. The one thing you should determine is if there is a risk of the father kidnapping them and fleeing the state. If this is a risk, make sure your sons are aware of how to make a collect call if you lose control of them.

Things that you should read


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nikki-arising

Thanks Dena for your input..  I don't think he's at risk to kidnap them and flee. If he was, he would had done that years ago when he was much more unstable at the start of our marriage. It was really rough at first. He is more likely the type to breakdown and cry and not know how to deal with things and run to our Bishop for guidance which is going to make my life more interesting at that point.  I think during this transition period things will need to change around our house though. I think his carte blanche access to our home WILL need to change.

In the meantime... My wife is reaching out to a couple lawyers for advice and to also lock them out from him being able to use them as well, not that he will. He really is a big manchild. Sadly his kids are more mature than him at this point :\

Just today, Dad forgot his 15 year old son this morning at the church after seminary class.. My Stepson had to walk all the way home... missing first period of school.. He was scared to death thinking something happened to his Dad in tears..Dad just forgot... thinking he had took him to school.... Poor kid.
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Kendra

Sounds like your ex is very unlikely to launch a compelling legal case.  It's good to be prepared and having a qualified family-law attorney's number handy is a good idea, but for a fraction of the cost of retaining an attorney I'd get a few security cameras with off-site recording and aim them in locations where you'd like to know everything is okay.  Pay attention to monthly fees and how long you have access to recordings, that's more important than hardware cost.  Some people find security cameras annoying but the fact is if someone isn't doing anything wrong it shouldn't bother them. 

Replace your front door lock with an electronic lock - a keypad, or one that uses a smartphone for access.  At that point you can change all the physical-key locks or simply ask for your old key back.  With some electronic locks you can get a time log showing when each authorized person used it, restrict access codes to specific hours of the day, and cancel an individual code if necessary.
Assigned male at birth 1963.  Decided I wanted to be a girl in 1971.  Laser 2014-16, electrolysis 2015-17, HRT 7/2017, GCS 1/2018, VFS 3/2018, FFS 5/2018, Labiaplasty & BA 7/2018. 
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nikki-arising

We actually already have the Ring doorbell system and had been talking about changing our the locks to a keypad system just last night doing exactly what you suggested! He is not gonna like it much, but sorry not sorry. :P It's not his house.

He will not have to deal with it for very long. My wife and I will not remain married for long, we know that. We have talked about that. We are going to be helping each other through this transition of our lives and then when we feel it is time we will divorce and part in love as friends. We have vowed to remain close friends as well. This is due to the Church and her faith. I'm ok with this.

In the meantime... We are still husband and wife and will act as such...
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