We recently found out that his ex wife who recently remarried is wanting to relocate to Texas (my homestate) with her (now) husband and take her son with her after telling my fiance' he can have custody through signing an agreement. This agreement wasn't notarized let me include. We are afraid we'll have to go to court and fight this and we don't have the funds to fight this in court. Can she legally do this having sole physical and legal custody of her son after signing this with my fiance'? Let me also include her now husband and my fiance' are both ARMY in which we have a house here in NY and she's moving to be with her (now) husband in Texas considering he's stationed there and we can't just pick up and leave due to our home purchase. What are the chances we'll get custody of his son without having to deal with court or having to deal with court?
2007-06-04 13:55:25 · 9 answers · asked by Nichole W 1 in Family & Relationships ➔ Marriage & Divorce
She won't "redo" the entire agreement at all. Her response to my fiance' when he asked her "so the agreement we signed a few weeks ago doesn't mean anything?" She shook her head and said "no." She's not willing to let her son stay here, and will do what she can to fight to keep him.
2007-06-04 14:02:21 · update #1
We can't currently afford monthly payments for a lawyer. She's got a lot of money since she just sold her house. Thus if we ask for a court order asking for custody we don't have the funds for it. Is there anything we can do about that? The woman will stop at nothing to take her son with her. My fiance' is ARMY do remember and what I'm personally afraid of is due to his previous deployements and upcoming deployement in 08' they will tell him "sorry no custody, it's granted to the boy's mother."
2007-06-04 14:58:28 · update #2
You must go to court in order to legally determine custody.You don't say how long ago the divorce was, but chances are pretty good that you'll have to go back to the court that originally had jurisdiction over the custody issue, unless both parties agree to use a different jurisdiction.
2007-06-04 14:06:28 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I am sorry to tell you, but your husband's son is probably moving to Texas. The best your husband can do is file for JOINT custody so he can have the boy on alternating holidays and all summer long, if he desires. They aren't leaving for TX voluntarily. They are a military family and must go. If you can afford a lawyer, you might have a chance to get joint custody. If you don't get a lawyer, you have NO chance. Go to Legal Aid and get a less expensive lawyer, if you can.Take that agreement (notarized or not, it has her signature on it) and see what can be done. Hurry.
2007-06-04 14:07:06 · answer #2 · answered by Wiser1 6 · 0⤊ 0⤋
This will have to go to court.Unfortunately he signed something that to his best knowledge wasnt notorized but thats the one unknown for the courts to solve. He sould have contacted someone before signing it and if in court,it can be proven that he willingly and not under duress signed it,he could be out of luck.This is exactly why never sign anything until youre absolutely sure what youre signing, sorry. The biggest thing here now is whether that document is a legalbinding contract under the law. Good luck
2007-06-04 14:04:19 · answer #3 · answered by Arthur W 7 · 0⤊ 0⤋
Your husband needs to find an attorney that will let him make monthly payments. Find one quickly. As soon as you file a motion for custody, his ex-wife will not be allowed to up and move away taking the child with her. Most judges will see this as not being in the best interest of the child if your husband has been in his child's life all along. Hurry and find a lawyer ASAP. If she tries to leave with him, a judge can issue an order for her to return.
2007-06-04 14:50:11 · answer #4 · answered by LuvMyGirls 5 · 0⤊ 0⤋
Even a notarized paper sometimes don't hold up in court. This is a tough one. The best thing to do is get your fiance to talk to her and make a new agreement, Make sure you get papers through an attorney. Probably the only other option is to try to take her to court.
2007-06-04 14:03:35 · answer #5 · answered by It's Me 2 · 0⤊ 0⤋
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2007-06-05 22:46:54 · answer #6 · answered by Anonymous · 0⤊ 0⤋
i like how human beings inform you to "stay out of it" and that it his youngster and his situation. he's your fiance! you are going to be married to this guy, subsequently this is rather lots your company. distinctly if the youngster is going to be residing with you. What are human beings questioning? they have of course in no way been in a undertaking remotely on the element of yours. i think of you may desire to pass. It shows the court docket which you're a stable kin and which you would be a stable function kind to the youngster. it is not significant in case you do no longer say something. in basic terms being there'll say lots. attempt to no longer get under pressure out. possibly you could choose for a calming rubdown afterwards? stable luck hon, i'm variety of on your undertaking so i understand what this is like.
2016-11-04 23:17:19 · answer #7 · answered by ? 4 · 0⤊ 0⤋
YOU have NO authority.
His chances are nill in getting custody! Even after spending $20,000.00.
Give up thinking like that now!
Just have the father be supportive and loving toward his son now and work on having your own children without the thought of stealing someone elses.
How would you like it if someone wanted to take your child from you?????
: (
2007-06-04 15:01:31 · answer #8 · answered by Ohmyheaven 3 · 0⤊ 1⤋
i would definitly get something notorized or go to an attorney that way she cant change her mind later, and try to take you all to court.
2007-06-04 13:58:32 · answer #9 · answered by danielle 2 · 0⤊ 0⤋