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Started By
Message
OT Custody question. Insight appreciated.
Posted on 6/2/16 at 12:17 am
Posted on 6/2/16 at 12:17 am
Close friend received joint custody of his children last year. A few months after, he became unemployed and was unable to meet his financial obligations to the ex (nasty divorce, btw) and to the kids. She successfully petitions the court to have his custody revoked until he can meet his obligation.
She immediately begins seeking a job and residence in UTAH near the current boyfriend, gets them, and has the judge OK the change in residence. Now my friend, who is finally able to meet his obligations after months of unemployment, has no custodial or visitation rights, and has just a few days to convince the court that the move is not in
the best interest of the children.
TL/DR Angry ex wife is taking kids to Utah. Does the ex husband have any recourse?
She immediately begins seeking a job and residence in UTAH near the current boyfriend, gets them, and has the judge OK the change in residence. Now my friend, who is finally able to meet his obligations after months of unemployment, has no custodial or visitation rights, and has just a few days to convince the court that the move is not in
the best interest of the children.
TL/DR Angry ex wife is taking kids to Utah. Does the ex husband have any recourse?
This post was edited on 6/2/16 at 12:19 am
15
Posted on 6/2/16 at 12:19 am to Evolved Simian
He should hire an attorney.
Posted on 6/2/16 at 12:26 am to Evolved Simian
Yes, you're going to get screwed.
Now what was the question?
Now what was the question?
Posted on 6/2/16 at 12:28 am to Evolved Simian
For a forum that sure does love hating on attorneys, this place asks for a frick ton of free legal advice.
Posted on 6/2/16 at 12:28 am to Evolved Simian
The Law Office of the OT, PLC, does not give free consultations.
Posted on 6/2/16 at 12:29 am to Evolved Simian
Also helps when the OP lets us know where on the fricking planet he is asking about.
Posted on 6/2/16 at 12:33 am to Evolved Simian
He did that bad!! Unless he was emotionally wrecked he should have known better than that. That's facepalm shite.
Posted on 6/2/16 at 12:43 am to Evolved Simian
quote:
Now my friend, who is finally able to meet his obligations after months of unemployment, has no custodial or visitation rights, and has just a few days to convince the court that the move is not in
the best interest of the children.
Yes. So what is the question?
Posted on 6/2/16 at 12:50 am to Ash Williams
quote:
For a forum that sure does love hating on attorneys, this place asks for a frick ton of free legal advice.
I love to hate attorneys, and I'm not asking for true legal advice. I'm just wondering what my friend can expect to happen with his kids. He's pretty upset about how things are going, and, in my opinion has hired a shitty attorney. So I fully expect things to deteriorate from here.
Posted on 6/2/16 at 12:52 am to biglego
quote:
Also helps when the OP lets us know where on the fricking planet he is asking about.
Current resident of Alabama. Soon to be seeking custody disposition either there or in Utah.
Posted on 6/2/16 at 12:55 am to LSUTigersVCURams
quote:
Yes. So what is the question?
What is the likely legitimate outcome of said hearing?
Posted on 6/2/16 at 1:04 am to Evolved Simian
It is impossible to know. It depends on the law, and it depends on the judge. The fact that your friend lost custody is not good, and the fact that the judge already gave mom the go-ahead to move to Utah is really not good. But then again some judges will want to do what they can to keep dad in the kids' life.
Posted on 6/2/16 at 2:00 am to Evolved Simian
Family Court judges often know absolutely nothing about the good data to show children do a lot better with joint custody and both parents in their lives. Show up with an attorney and present papers (meta-analyses preferably) as evidence that the childrens' vital interests are at stake. Also present evidence of your own good intentions and commitment to the children.
It may not get you anything but it is the correct argument.
It may not get you anything but it is the correct argument.
This post was edited on 6/2/16 at 2:01 am
Posted on 6/2/16 at 2:10 am to Evolved Simian
I hate to say it but if he can't take care of his kids it's going to be hard to argue the move is going to hurt the kids
Posted on 6/2/16 at 2:12 am to Evolved Simian
How can she just leave for a different state with the kids?
Posted on 6/2/16 at 2:29 am to Iron Lion
quote:
How can she just leave for a different state with the kids?
1) Courts have a financial incentive to award primary custody to one parent and child support to the person not receiving primary custody - federal "matching" monies supply a loose kitty of cash for the courts themselves when they do this.
2) The overwhelming bias of courts is to award primary custody to women. False claims of abuse (with no evidence required) are actually (and shockingly) incentivized by the women's attorney to give an advantage in close custody cases.
3) Once a court awards primary custody to one person the rights of the other parent will not be considered fairly.
4) At that point the parent assigned child support is simply fricked. You don't have rights, you have responsibilities. If you lose your job and fall behind on child support payments you can actually be thrown in jail and deemed a deadbeat dad. This is the only legal form of debtor's prison in the western world and the courts making money from the process makes reform unlikely because they are corrupted by the cash.
Posted on 6/2/16 at 6:51 am to molsusports
Damn....not the way I wanted to start my morning - but reading that is an eye opener.
Posted on 6/2/16 at 6:57 am to Evolved Simian
Tell him to move, renegotiate his payments based on his current status of unemployment, see the kid during holidays while he gets his life in order and can save up money to really care for the child.
Posted on 6/2/16 at 7:02 am to Evolved Simian
Can I have the movie rights?
Posted on 6/2/16 at 7:06 am to IT_Dawg
quote:
Tell him to move, renegotiate his payments based on his current status of unemployment, see the kid during holidays while he gets his life in order and can save up money to really care for the child.
He may end up doing this at some point soon, but it would mean starting over unemployed again which would mean her taking him to court to strip visitation again until he can get another job and another lawyer. Tough spot to be in, and I don't envy him at all.
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