My best friend we will calll her subject a has been a single divorced mom for over 4 years. her x is a really big slim bag. He cheated on her while they were married she has three kids. She divorced him. He married his whore . The marriage was not legal and they seperated after having two kids. Because the whore was still married to her x.. Now he is living in floridia with his best friends x wife. He didnt see the kids for 4 years. He stoped paying child support and after 6 months of no paying the child support inforcement took his checkings and savings, he found out and called her saying he wants the kids to live with him even tho the baby is only 4 and only seen the jerk twice. I say just to get out o the supportpayments. in the same breath he says he wants his parental rights severed if she doesnt give him the kids. what would you say? do?shes in kansas hes in florida.and he tells her to get a ob if she cant pay her bills. i think he should get a 2 job.
2006-11-21 09:05:15 · 8 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
First things first...Lots of people say things that they don't mean just to upset or get a reaction from someone else.
If the mom is still living in the same legal jurisdiction where the divorce was finalized, an the dad moved away, then any new proceedings must be started in the jurisdiction where it originally was ordered. For example if as a married/separated couple files for a divorce in Topeka and mom and kids continue to reside in Topeka then any changes must occur there. If however neither party still resides in the original jurisdiction it could be trickier.
In order to change custody of minor children the party seeking the change has to be able to prove certain things: 1) significant change in circumstance (regarding the children's best interests), 2) that the current custodian is unfit or unable to care for the children and their best interests, 3) that changing placement of the children would not cause undue stress and hardship for the kids.
Also, he can't just decide to terminate his parental rights. This is another legal procedure that MUST be done in the jurisdiction where the children reside.
What do you think the chances are really of him finding/retaining an attorney in the area the kids are in, what with him being in Florida, and paying all the money upfront to that attorney if he can't even pay his child support? He is just trying to get a rise out of her.
2006-11-21 09:32:42 · answer #1 · answered by Jane S 2 · 0⤊ 0⤋
First, I would head over to my nearest court house and get a child custody packet. I would fill it out immediately and file it. Then I'd have him served. I would request sole custody based on the fact that he's had no involvement in their lives.
I'd then head over to the nearest child support agency with my support order and tell them that I need help in enforcing the order. They will do it for free.
And, just for the record, it takes both biological parent signature for a party to severer parental rights. I would never let him do it only because I feel that children are not disposable and supporting them is not optional.
2006-11-21 17:10:53 · answer #2 · answered by Royalhinney 7 · 0⤊ 0⤋
She needs a lawyer. Severing his parental rights may be the best way to go.....doesn't sound like he'll ever amount to anything enough to get child support from anyhow. Talking to a lawyer is the best bet. They will explain all of her options....try to at least get a free consultation.....if she can't afford it, tell the lawyer and ask if they know of anyone who could help on her budget.
2006-11-21 17:13:45 · answer #3 · answered by D R 2 · 0⤊ 0⤋
I don't think he can cut off being their Parent,
the Jerk, unless she says so, like for adoption by
a new Husband.
She needs to write all that down, and see
a Lawyer. He's a waste of time. I wouldn't let the Kids
go visit him. Get the paperwork for your rights done
soon as possible.
2006-11-21 17:30:29 · answer #4 · answered by elliebear 7 · 0⤊ 0⤋
Jerry Springer. Yep, Jerry.
2006-11-21 17:10:26 · answer #5 · answered by Anonymous · 0⤊ 0⤋
First, your friend needs to get a good lawyer - a shark. Since he lives in FL, who knows what the judges there will do. She needs to protect herself and her children. He fathered them, and he should be financially responsible for them until they are 18.
2006-11-21 17:09:59 · answer #6 · answered by sassybree1979 5 · 1⤊ 0⤋
My ex threatened to take my kids. I told him over my dead body will he take my kids. Come over here and try it, I'm waiting with a gun. That was the end of that. He never ever told me something like that again.
2006-11-21 17:13:14 · answer #7 · answered by Anonymous · 0⤊ 0⤋
i would laugh in his face!!!!
2006-11-21 18:12:55 · answer #8 · answered by dani l 2 · 0⤊ 0⤋