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re: OT Custody question. Insight appreciated.

Posted on 6/2/16 at 7:13 am to
Posted by Evolved Simian
Bushwood Country Club
Member since Sep 2010
23314 posts
Posted on 6/2/16 at 7:13 am to
quote:

Can I have the movie rights?


Ha. I bet he'd be more than willing to sell them to you!

The sad part is that she's told his kids that she has nothing to do with the custody change. They have been led to believe that the judge just took it upon himself to cut off dad's visitation and tell mom to move to Utah.

They miss their dad. She's punishing them too, but she doesn't seem to care at all.

He's a good friend, but I don't think there's anything I can do to help him out. She's pretty much screwed his entire life.
Posted by Boudreaux35
BR
Member since Sep 2007
22281 posts
Posted on 6/2/16 at 8:30 am to
quote:

unable to meet his financial obligations to the ex


quote:

She successfully petitions the court to have his custody revoked until he can meet his obligation.


Was this in Louisiana? I was informed by my attorney that financial obligations and visitation were two separate issues and unrelated.

quote:

just a few days to convince the court that the move is not in
the best interest of the children.


Pretty sure there is a mandatory XX day notice period that must be delivered to the non-custodial parent and the move can be delayed until a ruling is made.

Caveat: He MUST appeal this move BEFORE she actually moves. If not, he will likely have to settle it in the state where the kids are (Utah).
Posted by 777Tiger
Member since Mar 2011
93541 posts
Posted on 6/2/16 at 9:54 am to
(no message)
This post was edited on 6/2/16 at 9:55 am
Posted by Kreweofwayne
Baton Rouge
Member since Aug 2013
165 posts
Posted on 6/2/16 at 10:18 am to
I agree with Boudreaux, there is a mandatory time period for the custodial parent to give notice to move in Alabama. Did your friend ignore this notice or did his ex not give him proper notice? His 1st mistake in this situation was not to file a petition for changed circumstances when he lost his job to not be under the same financial obligation for child support. I can tell you from first-hand experience that Alabama rarely allows a parent to leave the State with their children if the move is opposed by one parent. The parent seeking to move must prove that the children’s lives will be much better moving than staying in Alabama. Of course if your friend did not respond in time, the judge will allow the move. Alabama courts assume that relocation is not in the “best interest of the child”. Tell your buddy to focus on family ties to home, growing up without their loving father, maybe play up on the mom alienating the dad from the children’s lives, etc. Also, he should make every effort to be current with his child support before he goes to court.
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