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You’ve moved/been kicked/kicked him/her out of the house. You are lucky. There is no crisis. The kids are still young enough that they don’t really notice that mom/dad aren’t there 24-7. You get comfortable.
I did it. I rented a small apartment above the law office. I went to the gym and made it to the house as the boys were waking. I fed them breakfast. I helped get them ready for school. I came to the house after work. I helped feed them dinner. I did their laundry and put them to bed. I went to the apartment, fell asleep, and did it all again, day after day, until…
I took the boys to the beach one weekend. We spent time with a young lady and her child. My ex did not dig this. Our arrangement no longer worked. She said things that made me fear that my time with my children was in jeopardy. Stop. This is not about me or her being right or wrong. Looking back, I know she was not being unreasonable.
The point is that, because neither of us filed a divorce complaint, there were no rules about the who, what, where and when of child visitation and custody. We both had equal rights to the children, just as every other married couple does. The fact that I slept in a separate location was meaningless. I could not force her to let me see the children and she could not control any aspect of my visitation.
I went to the office that night, drafted a divorce complaint, and filed it the next morning. She acknowledged service, hired a lawyer, and we worked out a temporary agreement. The Court adopted the agreement as a temporary order, and, while we did not all join arm-in-arm and sing “Kum Ba Ya,” we did know the rules and abided by them while we fought it out…mostly.
If you’ve arrived at the point where divorce is inevitable, you need to go ahead and take that step. You can’t really move on until you do. More importantly, there’s no way to give your children the stability they need unless there are rules. This is not “Nam.”
Take your time, find the right lawyer for you, file your complaint, and get that temporary order. The temporary order is enforceable by law enforcement and helps provide a regular schedule for you, your children, and your estranged spouse. That’s an order!
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