We have a verbal agreement that my 5 yr old and I were moving back to LA to his family and my older daughter next week and he was going to a bible based rehab for 1 year then on Friday he said he is filing for custody.... We are in process of selling the house to payoff debit from his Alcoholism and lack of work stability. I have 4 job offers in CA and my daughter will have a family tree. So I stay or should I go??
2006-10-15 07:36:30 · 11 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
do in your heart what you feel is best for you and your child. If, and that's a BIG IF, he should take his recovery seriously, he can always alter his life ... you cannot yours on hold for a POSSIBILITY that he might clean up! good luck
2006-10-15 07:38:44 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Sounds like he is just threatening you. However without a court order you could have many legal issues. Beat him to the punch.
Go file a petition in family court & be as detailed as possible. Mark down what was discussed in your verbal agreement, exactly what was said, the date, etc.. Also let them know that he is going to file for custody.. Make sure you let the courts know about his alcholism & lack of stability. Kids need a stable envirnoment. It's better for you in the long run to get a court order, before you go. Get with an attorney & let them guide you in the right direction.
2006-10-15 07:44:04 · answer #2 · answered by Kammaka2 2 · 0⤊ 0⤋
You need to contact an attorney NOW!!!
You must get in writing what was orally agreed to or at least get it in the court that there was supposed to be an agreement and that your plan to relocate is in the child's best interest.
contact Legal Aid if money is a problem. Many family courts will appoint a legal rep for the child at public cost so you could look into that as a possible option... You really need to get some good legal advice on how to best protect your child and your rights.
With his history it should be easy for you to represent as a better parent for placement.
2006-10-15 09:47:50 · answer #3 · answered by ??IMAGINE ?? 5 · 0⤊ 0⤋
if you want 100% custody of your child, be prepared to convince a judge that you are emotionally stable, drug free, financially stable and the childs father is not. You say your husband is going to be in rehab for a year. How can he care for anyone else but himself? Go to EDDLEMANS CHILDREN COURT, in Los Angeles, and file for custody. If your husband actually DID file for custody, knowing he would be away in rehab for a year, the judge needs to know this very important piece of information. Yes, you would be a kidnapper if ANYONE had been given custody of your kids, by a judge.You have to go to the court to find out if your husband has accomplished getting this court order. Either way, tell the judge your predicamint and he will resolve the whole issue.To be LEGAL, you must have a COURT ORDER declaring you have sole custody.
2006-10-15 08:03:38 · answer #4 · answered by kristy 2 · 0⤊ 0⤋
Right now you are free to go... unless you have court papers stating otherwise.
However... if you are taking the child to a different state the state where you are leaving from has jurisdiction over the child and could make you return. At either rate the divorce and custody will have to be handled in the state you are leaving. A new state can't take jurisdiction until you have lived there for 6 months and if he files before then than your new state can't do anything.
2006-10-15 07:56:34 · answer #5 · answered by ? 4 · 0⤊ 0⤋
No one can tell you what to do. You must think carefully, once the courts are involved. Do the right thing. It took two to tango. Its not all his fault. If he is such a bad person why did you have a family with him? Take some of the responsibility yourself
2006-10-15 07:41:36 · answer #6 · answered by Anonymous · 0⤊ 0⤋
you go monday and file for custody and he is the one with the alcohole problem and not a very good work history he cant get custody , go file first and stay where you at .
2006-10-15 07:45:27 · answer #7 · answered by mz.thang 4 · 0⤊ 0⤋
If there is no court order at this moment blocking you from moving, then you'll be fine.
2006-10-15 07:39:21 · answer #8 · answered by magnolia_76 6 · 0⤊ 0⤋
only you can decide that do you still love him that is what you have to answer if not go and go fast if you still love him then stay but it has to be for you not anyone else..good luck
2006-10-15 07:39:22 · answer #9 · answered by twinsters 4 · 0⤊ 0⤋
Get legal advice.
2006-10-15 07:38:52 · answer #10 · answered by Yahoo Con 3 · 0⤊ 0⤋