Alright I'm in the middle of a marriage gone bad so this is how it CAN work out.
My wife recently moved out and in with her mom due to me not quitting smoking cigarettes. Stupid as that may be, I can't stop her. Legally, you can't restrain your wife's freedom even if the reason for leaving is stupid. I told her she can go wherever she wants but my son stays with me. That was a week and a half ago. Last Thursday, she called the Police to report my son was not safe with me. The Police came and looked and found nothing wrong. Later on that day, she called the DFS and stated that I abuse my Son by spanking him when he is naughty. DFS came and took a report and found nothing wrong. In Fact my house was absolutely SPOTLESS!!! That same night, I was at work and left my Son home with my brother to sleep. I told my Brother to make sure the door was locked and deadbolted before he went to sleep, and he did. At 1:30 am, I get a call from my Brother that someone came in through the Kitchen window and abducted my son. I haul ass home and called 911 to report a kidnapping. They told me the police Seargent would call me right back. I waited 30 min. and finally called the non-emergency # and got the Seargent. He explained to me that they had located my son and my wife had him and that since she was still on the lease, it is not illegal to break the lock on the window and crawl through, and since there had been no custody hearing, She had just as much right to him as I did. I asked the police seargent if I could go back over there and get my son because my wife is not mentally stable and has been to the mental institution twice this month and her medication is not helping her. The Seargent said that if I went over there and tried to get my son, because I'm not on her mother's lease, I would be arrested. He told me to go down to the public aid building and apply for help getting legal temporay emergency custody. So needless to say I drove there at 5:30 am and slept in my car until they opened at 8 because I have no driver's license and did not want to be pulled over for driving without one. I filled out the paperwork and they said they would get back to me the following day. So I go home and go to bed, and I'm asleep for 3.5 hours when I wake up to pounding on my front door. I answer it, and it is the sheriff serving me papers for a domestic violence protection order. I look at it and she put in it that I had threatened to kill her and I've phyically and verbally abused her and my son. The court date was set for Wed. the 27th of June. So for three days, I didn't get to see my son and I cried because I love my baby boy, he is 2 years old. In the mean time, she managed to have the phone, internet, cable, and cell phone shut off, and opened up a new bank account and pulled all of the money out of the account we shared and put it into hers so I couldn't touch it. Yesterday, we went to court and I brought both police reports from the previous Thursday, as well as one from March from when she had slapped me and kicked me in the testicles for not waking up when she wanted me to, her medical redicords, psychiatric evalution, and a statement from her employer stating that she quit her job. The Judge did not look at any of the paper work I had and granted her the protection order and because of her "Allegations" of me spanking my son, he granted me no visitation for 90 days and no contact can be made. Then she asks the Judge if she could take my son with her to Kansas for a "Vacation" for the whole months July and August. The Judge asked me what my feelings were and I told him that I thought that it was a horrible idea to keep my son from me for 2 whole months and that she doesn't even have any money to support him due to up and quitting her job on a whim. The judge looked at her and said "I will grant your request, but you have to be back within 90 days for a custody hearing." Meanwhile the courtroom is filled with people waiting for small claims and I just broke down hard. Bawling my ass off I ask the judge Why he would grant someone custody of a 2 year old that has the history of being so unstable and he said he did because of her "allegation" That I spanked my son. I asked him since when is it wrong to spank your kids and he told me that "it has been for over 3 years, and that per wyoming statutes, spanking is not an acceptable form of corporal punishment by a parent" and ordered me to pay $400/ a month for child support and I only bring home $800/month. I called a lawyer and the cheapest one wants $1000 up front but promises me she can get it ruled in my favor. So I go to my work to use the internet to check my bank account and she has written 6 checks and the least one was $283.68 I'm now $1,386.20 in the negative and my paycheck is coming via direct deposit tomorrow and I have no way to stop it and she put a freeze on the account so I can't close it. My rent is due in 3 days and I have no money. I'm currently borrowing my wife's friend from work's car and she said I have 24 hours to give it to my wife or she is calling it in stolen. All of this cuz I wouldn't quit smoking cigarettes. I hope this never happens to any of you and if you know a lawyer that would be willing to help me on payments Please PM me and I will give you a # to reach me at. Thanks and have a goody.