im coming back from overseas and am currently moving my family to my new duty station. well my stepsons father has known this for a long time but just now put in a petition to keep my son in state i have two other kids and my wife has to go to court dates for this and i need to know anything that could help either speed this up in our favor or squash it altogether its getting very close to me coming home so as of now i cant personally do anything about it but if i could give my wife ammo it would be very helpful so my family isnt apart for any longer please if you have anything throw it out there...
2007-08-29 04:27:13 · 7 answers · asked by paul 1 in Politics & Government ➔ Military
I'm sorry, but the answer to this will vary depending on the state in which the child is located. Your wife needs to consult a lawyer licensed in that state. You might want to have your wife go to your base legal office.
Even though they won't represent you in court, the attorney there can discuss the matter generally (for free) and give you some ideas.
As far as trying to "squash it altogether," that isn't very likely. If the father has petitioned for it in court, he has a legal right to be heard.
I know this may be a hardship, but take this one day at a time. JAG office first, since it's free...then go from there.
Retired MSgt paralegal
2007-08-29 04:33:58 · answer #1 · answered by Bill 6 · 3⤊ 0⤋
As soon as your wife was aware of the change of duty station, she should have informed the local family court offices and provided a copy of the letter informing you of the PCS and your new location. Assuming she did do that, the next step would be to have her lawyer contact the court and ask for an expedited hearing as you are due to move withing a set amount of time. If she has primary custody already, there should be little problem as the only way the father could demand the child stay in the area is to file for a change in custody and he would need to have more of a reason than just the move. If the parents had joint custody, there could be more of an issue. Again, the courts generally will not allow the child to be detained if the custodial parent has to move, but it could mean going back to court at a later time if the father tries for a change in custody. My advice would be to have your wife be sure that visiation requirements are clearly outlined in the new court orders, including who is responsible for transportation costs (generally that would end up being you all), what must be in place to allow easy communication (email and current phone numbers) and possilbe consequences if the father refuses to return the child after a visit. You should also inform your command immediately so they are informed and can help you deal with any last minute delays or changes.
2007-08-29 06:16:27 · answer #2 · answered by Annie 6 · 2⤊ 0⤋
the best ammo she would have is the amount of time the Father spends with his child. if all he does is send the CS payment every month, you have a much better chance of getting a ruling in your favor. But if he is very involved in his son's life and is a good parent, your chances are slimmer. Military service/orders is NOT an automatic way to get a custody ruling changed.
You may have to compromise.. allow more liberal visitation, or agree to foot the bill to send him to his father. the Father should not be penalized just because you have orders out of state, especially if he is not a deadbeat dad.
2007-08-29 05:25:44 · answer #3 · answered by Mrsjvb 7 · 2⤊ 0⤋
This is always tricky. If you are moving to a decent city with lots of benefits for the child, that will go a long way. If you are moving him from a big city to a backwater, that won't help.
But if mom has primary custody, that will mean a lot.
Judges like to hear that the child will still have direct access to the out of state parent. This is not the time to say "If his father wants to see him, he can buy the ticket! I wouldn't pay a dime of my money for a visit." Big no no. You have to be the nice guys.
Under normal circumstances, they allow the move.
2007-08-29 04:45:36 · answer #4 · answered by Joseph G 6 · 2⤊ 0⤋
how have the custody to this child? how old is he? is very difficult to take out the parternity in court... he is a good father? you need to proof in court that you stepson can see his father the time he want.. or example vacation, school breaks, etc. If he is a good father and you and him have a good communication.. you need to try to convince him to let you do this... or proof in court that his father (real) no go to have any problem in the time he want to see his son....
good luck man....
2007-08-29 04:44:19 · answer #5 · answered by jorge c 4 · 1⤊ 0⤋
God Bless You and Thank You!
Go easy on your stepsons dad, put yourself in his shoes, before making rash judgments, remember they're are two sides to a story, and all too often dads are left out in the cold.
Talk to the guy yourself, man to man, and maybe you all might save yourselves a lot of unnecessary stress and heartache.
2007-08-29 04:35:13 · answer #6 · answered by ~Celtic~Saltire~ 5 · 1⤊ 0⤋
Who does stepson live with now?
Feel free to email me - I have been thru a custody battle with my ex....
2007-08-29 04:48:45 · answer #7 · answered by Anonymous · 1⤊ 0⤋