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re: Child Custody Advice

Posted on 7/22/14 at 12:12 pm to
Posted by JETigER
LSU 2011 National Champions
Member since Dec 2003
7081 posts
Posted on 7/22/14 at 12:12 pm to
quote:

she could have just been a good wife and not use the credit card as she pleased.


Posted by Neauxla
New Orleans
Member since Feb 2008
33443 posts
Posted on 7/22/14 at 12:12 pm to
quote:

I didnt give her anything. She filed for divorce while i was out of town working, so I never was served my hearing papers and when you dont show up to the court hearing they just give her what she wants. She was nice enough to give me 50/50 but she still hit me with $700 a month
should have filed for dismissal for insufficient service
Posted by spiderman
Member since Jan 2004
1176 posts
Posted on 7/22/14 at 12:14 pm to
quote:

I didnt give her anything. She filed for divorce while i was out of town working, so I never was served my hearing papers and when you dont show up to the court hearing they just give her what she wants.
bullshite!
This post was edited on 12/14/16 at 6:32 pm
Posted by Bosethus68
We Call It Dat Boot
Member since May 2011
4958 posts
Posted on 7/22/14 at 12:15 pm to
I do have a phone call into my lawyers office, waiting for them to call back. Just thought I would seek wisdom much greater than that of a lawyer
Posted by Paige
Vice President of the OT
Member since Oct 2010
84748 posts
Posted on 7/22/14 at 12:16 pm to
They just have to attempt to serve him
Posted by Neauxla
New Orleans
Member since Feb 2008
33443 posts
Posted on 7/22/14 at 12:16 pm to
quote:

They just have to attempt to serve him
uh no
Posted by spiderman
Member since Jan 2004
1176 posts
Posted on 7/22/14 at 12:17 pm to
quote:

They just have to attempt to serve him
WRONG.
This post was edited on 12/14/16 at 6:31 pm
Posted by theronswanson
House built with my hands
Member since Feb 2012
2976 posts
Posted on 7/22/14 at 12:18 pm to
quote:

Bosethus68


Oh hell yes. Are you ready to get custody of your children AND get paid? in Louisiana we are governed by the CIVIL code, which means all parties involved in a lawsuit must be civil and courteous to each other. To do otherwise was considered repugnant by Napoleon and he exacted harsh penalties against those who were deceptive. In custody cases when a party with domiciliary custody of a child moves into their parents home without telling the other spouse it is considered a violation of the Civil Code as set forth in Yick Wo and you are entitled to damages and full and complete "garde" (louisiana term for control) of your children

Not legal advice
This post was edited on 7/22/14 at 12:19 pm
Posted by BayouBandit24
Member since Aug 2010
16575 posts
Posted on 7/22/14 at 12:18 pm to
just as an aside as I am genuinely curious... does the guy just happen to be a UPS man or was he actually the UPS man who made deliveries to your house?
Posted by Mayfair2Pville
Member since Jul 2013
444 posts
Posted on 7/22/14 at 12:19 pm to
That is not true... I have heard of people being served in all kinds of crazy places and situations... That's why these things aren't cheap because you have to follow a certain protocol.
Posted by bigpetedatiga
Alexandria, LA
Member since Aug 2009
8627 posts
Posted on 7/22/14 at 12:19 pm to


Posted by Bosethus68
We Call It Dat Boot
Member since May 2011
4958 posts
Posted on 7/22/14 at 12:20 pm to
He delivered to where she worked
Posted by dnm3305
Member since Feb 2009
13575 posts
Posted on 7/22/14 at 12:20 pm to
quote:

In every jurisdiction I've ever seen, the best interest of the child will prevail. There are very few bright line rules when it comes to custody. The move may open the door for you to seek a modification, but all of the factors related to the child's best interests will likely be weighed by the judge.


Im sure you have alot of experience with this, but Ive seen alot of cases where the guy is screwed even though his situation is drastically better.
Posted by Phil A Sheo
equinsu ocha
Member since Aug 2011
12166 posts
Posted on 7/22/14 at 12:20 pm to
quote:

Turns out she is movin back home with her parents. Now i was informed that if that were the case I could take her back to court and get full custody of my daughter because her having to live with her parents is looked at as her not having a place to live or support herself...Does this sound legit?!?!


No, Sorry.. Been battling my lunatic xwife for a decade now... That's not enough so don't waste your money
Posted by Paige
Vice President of the OT
Member since Oct 2010
84748 posts
Posted on 7/22/14 at 12:21 pm to
So if you don't have their address you're screwed?

Wrong
Posted by BayouBandit24
Member since Aug 2010
16575 posts
Posted on 7/22/14 at 12:21 pm to
quote:

Oh hell yes. Are you ready to get custody of your children AND get paid? in Louisiana we are governed by the CIVIL code, which means all parties involved in a lawsuit must be civil and courteous to each other. To do otherwise was considered repugnant by Napoleon and he exacted harsh penalties against those who were deceptive. In custody cases when a party with domiciliary custody of a child moves into their parents home without telling the other spouse it is considered a violation of the Civil Code as set forth in Yick Wo and you are entitled to damages and full and complete "garde" (louisiana term for control) of your children



This post was edited on 7/22/14 at 12:23 pm
Posted by bamarep
Member since Nov 2013
51806 posts
Posted on 7/22/14 at 12:22 pm to
If you were never served a good atty can at least get you a new hearing which will bode better for you now given her current living circumstances.

I would first try to just go talk to her and see if you can talk her into giving you primary custody (what they call it in AL) while still giving her the 50/50 time split (that is what's fair to the child).

In AL, there is a set scale that is used for CS. Given the split visitation, you must make way more than she does.
Posted by Paige
Vice President of the OT
Member since Oct 2010
84748 posts
Posted on 7/22/14 at 12:23 pm to
How many of you have been to court for custody in the past month?

I served my ex at his grandparents' house and he didn't show up so I got a default judgment
Posted by Interweb Cowboy
NW Bama
Member since Dec 2010
3138 posts
Posted on 7/22/14 at 12:24 pm to
quote:

the car she drives is in the UPS guys name and he pays for it. So when shes leaves she will not have a car SIDE NOTE, she is 6 months pregnant with his kid


What a fricked up mess!

Sorry man, but it sounds like you need to try and get your daughter away from all that. Assuming you have your shite together.
Posted by Bosethus68
We Call It Dat Boot
Member since May 2011
4958 posts
Posted on 7/22/14 at 12:27 pm to
I would like to think I do, I sit at a desk in a LARGE Chemical Plant. She cant survive on her own with her job and the child support she recieves, why should she be allowed to keep my daughter AND her new bastard child
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