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Old 08-01-2013, 03:42 PM  
MTG#10 MTG#10 is online now
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Any lawyers here? Need advice on complicated custody dispute

Ok here's what's going on:

My ex and I have been divorced for a 2-3 years. We agreed to 50/50 everything with our kids...time with them, decision making, etc. My address is their legal address for mailing and educational purposes. Neither one of us pay child support, and even though the time with them is supposed to be 50/50 its more like 60/40 with me and Ive been keeping a detailed log for the last year.

Ex meets another guy, he joins the army a year later, they get married about 3 months after he joins. He now finds out he's being relocated to a base in Georgia. Ex thinks she is going to move with him and take our kids with her.

Everything the kids need or have ever known are here. Their school they've gone to since they started, me, their entire family on both sides...everything.

Is there anything for me to worry about? I know judges want to do whats best for the kids, so surely no judge would let her uproot and move them to another state without my consent, right? The only thing Im worried about is the military thing, that maybe they'd get special treatment for that...but at the same time, he decided to join after they were together and they both knew her situation with my kids. My lawyer doesn't think I have anything to worry about, but of course he's going to tell me that since he wants my $.
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Old 08-01-2013, 04:27 PM   #31
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Lawyer up & dnt speak to the bitch until this shit is settled
& always remember,its not a lie if you believe it..
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Old 08-01-2013, 04:29 PM   #32
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Quote:
Originally Posted by MTG#10 View Post
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.
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Old 08-01-2013, 04:34 PM   #33
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Meh. I smoked my X. I also had the best attorney the city of Omaha had to offer. I had to borrow huge somes of money from both my Aunt & uncle & my mom & dad.
JFC the appeal after i had won custody was $ 10,000.00
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Old 08-01-2013, 04:34 PM   #34
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Originally Posted by MTG#10 View Post
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.
In Maryland at the age of 10 a kid can pick who they want to live with.
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Old 08-01-2013, 04:41 PM   #35
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Originally Posted by ChiefsandO'sfan View Post
In Maryland at the age of 10 a kid can pick who they want to live with.
Really ! That would be horrible for the child to have to make that decision in MOST cases.
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Old 08-01-2013, 04:46 PM   #36
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Originally Posted by Hog Farmer View Post
Really ! That would be horrible for the child to have to make that decision in MOST cases.
Beats the shit out of forcing the child to live with a parent he/she doesn't want to.
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Old 08-01-2013, 04:48 PM   #37
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Originally Posted by TrueFanDave View Post
Beats the shit out of forcing the child to live with a parent he/she doesn't want to.
It depends. Kids are not the best judges of what is best for them.
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Old 08-01-2013, 04:48 PM   #38
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Originally Posted by TrueFanDave View Post
Beats the shit out of forcing the child to live with a parent he/she doesn't want to.
Thats true Also .

I've spent time as a foster parent so I know there's a lot of different situations.
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Old 08-01-2013, 04:49 PM   #39
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I don't have personal experience with this stuff but I have a close relative who has gone through this custody stuff for a long time. I've watched this type of drama happen. I've seen it when the system doesn't work. I know it costs a boat load of money for the father to retain full time custody of children. In my family's case, the mother was a complete **** up. She broke all the rules. Now, she had lots of money so she could afford the best "law firm" not lawyer, but "law firm" that money could buy. My relative also retained an excellent lawyer. $50k here, $25k there, $30k the next time around (we guesstimate the ex spent twice as much)... be prepared.
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Old 08-01-2013, 04:50 PM   #40
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Are you offering?
Just as a reminder - Everything on the internet is permanent and can be found by anyone, including divorce lawyers. I would edit this post if I were you. Sarcasm and humor don't come through on courtroom documentation.
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Old 08-01-2013, 04:53 PM   #41
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Originally Posted by Tombstone RJ View Post
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.
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Old 08-01-2013, 04:54 PM   #42
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Originally Posted by WhawhaWhat View Post
Just as a reminder - Everything on the internet is permanent and can be found by anyone, including divorce lawyers. I would edit this post if I were you. Sarcasm and humor don't come through on courtroom documentation.
Don't worry . If you'll check his post history this is nothing.
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Old 08-01-2013, 04:56 PM   #43
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Originally Posted by MTG#10 View Post
Really? My lawyer said that I should hope she does that...because then she would lose all decision making rights and I would get full custody. She's dumb but I don't think she's that dumb unfortunately.
That's one of those things that is typically a PITA in the short-term but ultimately helps your cause. Unfortunately, you never know with the court system which gives a tremendous amount of differential treatment to mothers.

Ultimately, it comes down to what's best for the children in the eyes of the courts if there isn't a document that says otherwise and they don't always apply the facts that may be important to you or your kids in rendering those judgments.

Good luck!
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Old 08-01-2013, 04:58 PM   #44
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Well, actually if you answered yes to quesation #5 I don't think I can help you because it means your stuped. Sorry.
Well, they offered to pay me in peanuts, but I wisely declined and held out for the yes. That's before taxes though. After taxes, my income is 8, if that makes any difference.

Also, it appears I do not have a wife or an ex-wife, but my answer to #2 is still yes, which I'm finding irksome now. Can you help?
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Old 08-01-2013, 05:01 PM   #45
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Originally Posted by WhawhaWhat View Post
Just as a reminder - Everything on the internet is permanent and can be found by anyone, including divorce lawyers. I would edit this post if I were you. Sarcasm and humor don't come through on courtroom documentation.
Had the same thought when I read that, so decided to make the surrounding posts equally absurd.
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