I live in the state of Montana and my ex husband lives in Washington state. Four years ago we had a court battle over two children (twins) now both age 10 years. Anyway, he got residential custody and I only got summer time and holidays which adds up to nothing. He won because he had more money as neither of us are unfit. Now things have changed. He is remarried and does not allow me to meet his wife although he has met my husband many times. I don't know this stranger who is watching my children along with her three kids. Also, he just recently got a DWI and sat 2 weeks in jail, and is getting in all kinds of trouble with the law as far as traffic and all. Also he has a warrant for his arrest here in Montana for failure to appear on a misdemeanor harrasment charge. Is there any way possible for me to re-gain residential custody without the high cost of a lawyer? I really need some good advice. Thank you. The kids live mostly in Washington and here in Montana in the summer.
2007-06-13 20:54:51 · 5 answers · asked by Dakota Lynn Takes Gun 6 in Politics & Government ➔ Law & Ethics
His new wife is running from her ex husband who lives in Ohio and just got out of prison for sexual battery to her and my children have told me that her kids are afraid that thier dad will find them and kill them. Yes, I beleive this woman is a danger to my children if this is going on. Thank you for the help.
2007-06-13 21:04:51 · update #1
esquireinquire:
The reason only one of us got residential custody is because the children are in school and had to stay in one state and not be moved during the school year. The children were in the state of Montana until their father wanted a visit and I agreed to let him take them to Washington to visit, as I use to live there with him while we were married. (BIG MISTAKE) I never knew he would stoop so low as to take me to court and lie that the kids lived with him. Well, court was held in Washington and I am not rich, and he had more money than me and a male judge. He won the residential. I do have 2 sons and daughters who have always lived with me and my oldest 2 children are adults now and my other 3 are teenagers who also live with me. I was married twice, so no one was considered unfit. If he lived in Montana we would have both gotten Joint custody like we had to begin with.
2007-06-13 23:00:34 · update #2
Arthur W:
Can I go to a paralegal in the state of Montana in front of a Montana judge or do I have to go to Washington and do this? The court order is a Washington court order, but I would like to just do it all here in Montana if possible. Thank you for your help.
2007-06-13 23:20:05 · update #3
Once you allowed Washington to accept jurisdiction you lost any chance to have Montana rehear the case. Now any and all actions must be filed in Washington.
Frankly, if you can't afford an attorney there is nothing anyone here can do for you. This is an interstate matter and far too complicated to discuss on an internet forum.
2007-06-14 01:39:40 · answer #1 · answered by hexeliebe 6 · 0⤊ 0⤋
You may not be able to afford an attorney at this time but at least contact your local legal aid assoc or hire a Paralegal who is just as good as an attorney but alot cheaper. You do not need to prove the stepmom as unfit but prove the kids are in a endangering scenario staying with dad. The court mat involve child services for the rest of the kids but thats not your problem. You dont really need an attorney for this as all you have to do is tell the Judge exactly what you told us. The problem lies in the evidence you have to back up your claim. You cant go on hearsay from the kids or anyone else so youllneed hard evidence or you have nothing. Good luck
2007-06-13 22:54:44 · answer #2 · answered by Arthur W 7 · 1⤊ 0⤋
You should consult an attorney and believe me your children are worth it. The Court will consider the best interest of the child and your twins are now at the age where the court will actually listen to them as well. Child custody is not meant to be permanent because situations do change. If neither parent is unfit why didn't you both get shared custody to begin with?
2007-06-13 22:24:45 · answer #3 · answered by esquireinquire 2 · 1⤊ 0⤋
there is not any such element as a protection stress divorce. All divorces are civil concerns. nonetheless, the quantity of recent child help is in line with earnings. If there's a courtroom order in place that states how plenty new child help he could desire to pay, then that's what he desires to pay. the only way he could desire to petition the courts to diminish the quantity is that if his circumstances replaced and he unexpectedly started making severely much less funds. As for sending greater funds on each and every occasion his ex asks for it, he's not obligated to try this and he's in fact a fool to realize this.
2016-10-07 11:55:45 · answer #4 · answered by zeitz 4 · 0⤊ 0⤋
No, without a lawyer you will not have a chance. I understand your issue, but you need someone who works in the law field to help you.
There is no requirement for you to meet his wife. That is not something that any judge will force. It boils down to... you and him. Doesnt matter unless you can prove that SHE is unfit. Then he would be held liable for bringing her into the relationship.
2007-06-13 21:00:24 · answer #5 · answered by Texas Tiger 5 · 0⤊ 0⤋