Re: My hubby & the 2 kids he had w/ ex-wife. We are in Oregon, she & the kids in Missouri. Divorce & custody / visitation finalized over 3 yrs. ago when everyone lived in the same state. Since then, haven't had much visitation since it was assumed we would always live nearby. Dad wants to see the kids. Ex-wife won't allow children to fly out here, and won't let dad see them when he is visiting MO for (unreasonable) fear he would "kidnap" them. Ex-wife is unstable & immature, dad & new wife (me) are successful professionals in our respective carreers & have a home. Dad is currently working against a modification for increased child support, requested by ex-wife. Because the custody/visitation can't be negotiated at the same time, what is the best/easiest/cheapest way to modify visitation order to work w/ a dad who lives out of state? Is there a form to start proccess? Can a phone hearing be requested (like the $ support), or does dad have to fly to MO & sue ex-wife there?
2006-07-15 16:54:58 · 3 answers · asked by chrystalgypsey 2 in Family & Relationships ➔ Marriage & Divorce
You did not mention how old the children are - to modify visitation you have to file in the state that the person you are filing against lives in - a "simple" modification (one in which both of you agree to terms) cost about $5K m inimum - if children are age 12 and up the courts may ask them questions and decide the issue based on the childrens request - has the ex influenced the children - The ex can be a prostitute and you can be the pope - the court does not care - they will look only at conduct in front of the children - if the children qre under age 8 the court normally finds that they need to be with mother - fighting the ex for modification may send wrong signals to kids - they will see themselves as the center of a conflict and internalize it - try to get along - look at the very best interest of the children - yes it hurts not to see them - but fighting the ex trying to see them could cause them harm emotionally - There is no way to win without someone getting hurt -
2006-07-15 20:52:04 · answer #1 · answered by stvscholl 2 · 0⤊ 0⤋
This matter has to be decided in the Circut Court in which it was filed.
Parties need not be present but counsel must be present after filing an Apperance with the court.
You must file a motion with the Circut Court. Get an attorney in the area and work with them remotely.
Of course, any time you can be there will help your case.
Also, do not think the judges care one ioda about you or your x-. Moreover they only care mildly about the children. Good luck!
2006-07-15 17:00:27 · answer #2 · answered by ? 3 · 0⤊ 0⤋
you need to ask this question in politics-law and ethics
2006-07-15 18:33:55 · answer #3 · answered by h0w U liK3 m3 n0w 2 · 0⤊ 0⤋