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Started By
Message
OT Lawyers, Need Advice
Posted on 9/29/15 at 9:55 pm
Posted on 9/29/15 at 9:55 pm
Background: I am in the Air Force and I have orders to move to North Carolina. My wife's ex husband waited to the final hour to contest us taking my step son to North Carolina with us. So at 4:04 pm today we get an email saying we have to appear in court at 9 am tomorrow because he's contesting the relocation.
So my question is, can this happen? And what exactly is he doing? Per the courts he has 30 days to appeal and we notified him on 28 August that we're moving... Today is day 32.
He's a single dad also in the Air Force. He has no family in WA. It was so late we can't even contact my wife's lawyer.
She has majority custody and in the divorce dicree if she moves over 2.5 hours away everything defaults to the mother.
So my question is, can this happen? And what exactly is he doing? Per the courts he has 30 days to appeal and we notified him on 28 August that we're moving... Today is day 32.
He's a single dad also in the Air Force. He has no family in WA. It was so late we can't even contact my wife's lawyer.
She has majority custody and in the divorce dicree if she moves over 2.5 hours away everything defaults to the mother.
This post was edited on 9/29/15 at 9:59 pm
23
Posted on 9/29/15 at 9:57 pm to RileyTime
Free legal advice board
Posted on 9/29/15 at 9:59 pm to RileyTime
Need pics of wife before anyone can make a recommendation.
Posted on 9/29/15 at 10:00 pm to O
Jeez haha if you don't wanna give advice that's fine but courts in 13 hours and we just wanna be prepared.
Posted on 9/29/15 at 10:04 pm to RileyTime
Posted on 9/29/15 at 10:06 pm to RileyTime
Leave the kid. 
Posted on 9/29/15 at 10:09 pm to RileyTime
Can you be served via email? I thought a constable had to serve you court papers
Posted on 9/29/15 at 10:11 pm to 7thWardTiger
That's what I thought too... We served him certified letters stating I had orders and we did it with at least 60 days prior to my report date
Posted on 9/29/15 at 10:17 pm to RileyTime
there are 2 problems
1. you're in WA and i don't think we have many (if any) WA attorneys
2. you're in the military, which creates a whole new set of issues
1. you're in WA and i don't think we have many (if any) WA attorneys
2. you're in the military, which creates a whole new set of issues
Posted on 9/29/15 at 10:19 pm to RileyTime
quote:
I am in the Air Force
quote:
My wife's ex husband
quote:
He's a single dad also in the Air Force
Pay for your own legal advice, Jody.
Posted on 9/29/15 at 10:22 pm to tiger rag 93
quote:
tiger rag 93
Posted on 9/29/15 at 10:25 pm to RileyTime
was the email from the courts?
if not, you may want to remind him how many days are in a month.
if it came from the courts
u better go
courts [ which can be evil ] will likely allow it being last minute.
I'd also protest this last minute disruption.
good luck man...
if not, you may want to remind him how many days are in a month.
if it came from the courts
u better go
courts [ which can be evil ] will likely allow it being last minute.
I'd also protest this last minute disruption.
good luck man...
This post was edited on 9/29/15 at 10:31 pm
Posted on 9/29/15 at 10:26 pm to RileyTime
How close is the son and his dad?
Posted on 9/29/15 at 10:30 pm to theenemy
They are close but he never wants to leave our house or go over there.
Posted on 9/29/15 at 10:31 pm to RileyTime
Contact the Washington state bar to see if they have attorneys that can give pro bono advice.
ETA:
Legal Services for Veterans
Northwest Justice Project’s statewide Veterans Project provides legal advice, representation, and referrals on a variety of civil legal issues including:
Child Support (modification and arrears forgiveness)
Vacating Criminal Convictions / Records
Consumer Law
Housing Issues
Veteran's benefits, and state public/health benefits
Discharge Upgrades (less than 15 years old)
Veterans can call NJP’s Veterans Project directly: 1-855-NJP-VETS (855-657-8387).
Veterans facing issues not listed above can contact CLEAR to find out if they qualify for free legal aid.
ETA:
Legal Services for Veterans
Northwest Justice Project’s statewide Veterans Project provides legal advice, representation, and referrals on a variety of civil legal issues including:
Child Support (modification and arrears forgiveness)
Vacating Criminal Convictions / Records
Consumer Law
Housing Issues
Veteran's benefits, and state public/health benefits
Discharge Upgrades (less than 15 years old)
Veterans can call NJP’s Veterans Project directly: 1-855-NJP-VETS (855-657-8387).
Veterans facing issues not listed above can contact CLEAR to find out if they qualify for free legal aid.
This post was edited on 9/29/15 at 10:33 pm
Posted on 9/29/15 at 10:32 pm to tiger rag 93
Posted on 9/29/15 at 10:37 pm to RileyTime
How would they know you received and read an email?
I'd just go as planned and make the guy fight extradition, or whatever you would call it.
I'd just go as planned and make the guy fight extradition, or whatever you would call it.
Posted on 9/29/15 at 10:44 pm to zelman
quote:
Free NC legal advice board
Posted on 9/29/15 at 10:56 pm to Tortious
Does the Servicemembers Civil Relief Act act not apply to this? I was always under the impression that once active duty hits, all legal proceedings stop. Then again, I don't know.
This post was edited on 9/29/15 at 10:59 pm
Posted on 9/29/15 at 11:11 pm to FalseProphet
$20 says your edit was the last sentence. I was allegedly thinking the same thing.
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