Any lawyers here? Need advice on complicated custody dispute

[Tombstone RJ]

Originally Posted by MTG#10

8, 10, and almost 13. My 13 year old (daughter) has already told her if she wins she's not going with her. I don't know if she's old enough to have a say but I dont think her mom would make her go against her will.

I think the kid has to be 16 to have any say? Anyhow, it ALL depends on the judge. This is why you avoid litigation at all costs. Judges can be completely ****ed in the head.

[MTG#10]

Originally Posted by Tombstone RJ

I think the kid has to be 16 to have any say? Anyhow, it ALL depends on the judge. This is why you avoid litigation at all costs. Judges can be completely ****ed in the head.

There's no way to avoid it. He has no choice but to go where the army tells him, and they're newlyweds so she obviously wants to go with him and refuses to leave our kids behind without a fight. She did admit however that if she loses she won't go and I saved that text so if the judge truly wants what is best for the kids ruling in my favor would keep them at home with both of their parents.

[Tombstone RJ]

Originally Posted by MTG#10

There's no way to avoid it. He has no choice but to go where the army tells him, and they're newlyweds so she obviously wants to go with him and refuses to leave our kids behind without a fight. She did admit however that if she loses she won't go and I saved that text so if the judge truly wants what is best for the kids ruling in my favor would keep them at home with both of their parents.

It all depends on the judge. I don't care what your lawyer says. He may tell you that you have a rock solid, completely air-tight case against her and that you've done everything right.

Then the judge decides to side with the mother because he just thinks the kids are better off with Mom.

Happens all the time. Best of luck. Be prepared to fight and spend a lot of money doing so. The system is much more inclined to side with the mother, it's just the way it is. Years and years of too many asshole dads have kind of screwed it up for the good dads out there. And, then there's the judge and it all depends on which side of the bed he OR SHE wakes up on.

[KcKc]

Originally Posted by Tombstone RJ

It all depends on the judge. I don't care what your lawyer says. He may tell you that you have a rock solid, completely air-tight case against her and that you've done everything right.

Then the judge decides to side with the mother because he just thinks the kids are better off with Mom.

Happens all the time. Best of luck. Be prepared to fight and spend a lot of money doing so. The system is much more inclined to side with the mother, it's just the way it is. Years and years of too many asshole dads have kind of screwed it up for the good dads out there. And, then there's the judge and it all depends on which side of the bed he OR SHE wakes up on.

not true. I am a case worker for the state of missouri and i see things like this literally everyday.
what you need to do first is get a paternity action. a paternity action is a legal document saying that the children are with you and the mother cannot come and take the children. Without the paternity action, the mother can come and take the children whenever she wants, even if you call the cops, they will not do anything because the cops side with the mother always. a paternity action nulls that.

you can pay for your own paternity action with a lawyer or you can make a referral for free to UMKC Law. a bunch of people in law school do paternity actions for legal practice under the supervision of an family court attorney (Katie O'mally) but they have a big waiting list because that where we send all of your clients lol. But since you are in Springfield, i dont know if there are any universities that have a program like this.

next, if you are doing everything you are saying like they go to school with you, all of their clothes are there and they are in a safe environment, there is a strong case that the children will stay with you. Also, the courts will want to see background checks of this new guy to make sure he is okay.

My background is in Abuse and Neglect so my courts are a little more intense when it comes to these things, but be prepared to prove that you can not only obtain stable and safe housing and transportation as well as being able to obtain and maintain appropriate clothing, food, and education and you have a very strong case because if she does not have a job down there or if she cannot show that she can obtain and maintain the above things, that can pose a risk to the children

and if you REALLY want to, call your insurance and get a psychological and psychiatric to rule out any mental illness on your part!!

good luck and keep us updated, ill be watching!!

[MTG#10]

Originally Posted by KcKc

not true. I am a case worker for the state of missouri and i see things like this literally everyday.
what you need to do first is get a paternity action. a paternity action is a legal document saying that the children are with you and the mother cannot come and take the children. Without the paternity action, the mother can come and take the children whenever she wants, even if you call the cops, they will not do anything because the cops side with the mother always. a paternity action nulls that.

you can pay for your own paternity action with a lawyer or you can make a referral for free to UMKC Law. a bunch of people in law school do paternity actions for legal practice under the supervision of an family court attorney (Katie O'mally) but they have a big waiting list because that where we send all of your clients lol. But since you are in Springfield, i dont know if there are any universities that have a program like this.

next, if you are doing everything you are saying like they go to school with you, all of their clothes are there and they are in a safe environment, there is a strong case that the children will stay with you. Also, the courts will want to see background checks of this new guy to make sure he is okay.

My background is in Abuse and Neglect so my courts are a little more intense when it comes to these things, but be prepared to prove that you can not only obtain stable and safe housing and transportation as well as being able to obtain and maintain appropriate clothing, food, and education and you have a very strong case because if she does not have a job down there or if she cannot show that she can obtain and maintain the above things, that can pose a risk to the children

and if you REALLY want to, call your insurance and get a psychological and psychiatric to rule out any mental illness on your part!!

good luck and keep us updated, ill be watching!!

Thanks for your reply, good advice. The part in bold I dont think applies to me though, because in our decree it specifically says neither parent could do that without the others approval.

[Tombstone RJ]

Originally Posted by KcKc

not true. I am a case worker for the state of missouri and i see things like this literally everyday.
what you need to do first is get a paternity action. a paternity action is a legal document saying that the children are with you and the mother cannot come and take the children. Without the paternity action, the mother can come and take the children whenever she wants, even if you call the cops, they will not do anything because the cops side with the mother always. a paternity action nulls that.

you can pay for your own paternity action with a lawyer or you can make a referral for free to UMKC Law. a bunch of people in law school do paternity actions for legal practice under the supervision of an family court attorney (Katie O'mally) but they have a big waiting list because that where we send all of your clients lol. But since you are in Springfield, i dont know if there are any universities that have a program like this.

next, if you are doing everything you are saying like they go to school with you, all of their clothes are there and they are in a safe environment, there is a strong case that the children will stay with you. Also, the courts will want to see background checks of this new guy to make sure he is okay.

My background is in Abuse and Neglect so my courts are a little more intense when it comes to these things, but be prepared to prove that you can not only obtain stable and safe housing and transportation as well as being able to obtain and maintain appropriate clothing, food, and education and you have a very strong case because if she does not have a job down there or if she cannot show that she can obtain and maintain the above things, that can pose a risk to the children

and if you REALLY want to, call your insurance and get a psychological and psychiatric to rule out any mental illness on your part!!

good luck and keep us updated, ill be watching!!

Good luck with getting a "paternity" action against the mother if the mother is not a complete ****up. If she's a decent parent and this is just a case of her remarrying and wanting the kids to be with her, and she doesn't have a history or pattern of being a bad parent (unlike my families' situation and the judge(s) were still assholes) then what state/civil worker or whatever is going to give the dad a "paternity" action?

I guess I can see this working if the mother is a meth addict or something. Otherwise, I don't think its that simple.

[Mojo Jojo]

Originally Posted by Tombstone RJ

I think the kid has to be 16 to have any say? Anyhow, it ALL depends on the judge. This is why you avoid litigation at all costs. Judges can be completely ****ed in the head.

I think 16 may be the age for final decision, but I do know some judges will let younger children speak with them one on one off the record if they wish. Judge will then chose to use or disregard what was said in a final decision. Once again it just comes down to the judge.