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Topics - Justabovewater

Pages: 1
1
Custody Issues / Is this a Material Change is Circumstance?
« on: Feb 14, 2019, 12:59:55 PM »
My son Turned 18 in November. He decided he wanted to go live with his Mother because I Grounded him for having bad grades his Senior year of High School. I am rather Strict on Grades but when he is a Senior and Failing, I feel like it is my responsibility as a Parent to get him Graduated. Anyway, We also have a 13 Year old Daughter that I have custody of. The Mother had her Attorney Contact my Attorney and request a Modification for the 13 year old to live with her Because the Children to to be in the same home. 1) When a Child turn 18 he becomes and Adult, It was his Choice to move out and I dont think this has anything to do with the 13 year old.  2) Him turning 18 and Moving was part of the Plan from Birth, IF he is 21, Married with Children, Would she still want them to be together? 3) I dont think him Turning 18 is a Material Change in Circumstance for a Change in Custody. Whats your thoughts?

2
Custody Issues / It is Possible.
« on: Dec 23, 2015, 08:25:03 AM »
 For those of you that have been following my Custody issues, I want to thank you for all your help and support. I Got the written orders from the Court yesterday and after a 3 year battle of trying to get custody of my children, I finally got Custody. At first it was very emotional, Financial and Stressful situation, But after keeping 3 years of Text Messages, Facebook, Grades and Emails from teachers, I finally got it done. I know that this is not the end of all my problems because I do know how my Ex feels because I have been there, But I can say that I am prepared for it. 

3
Custody Issues / What does that mean?
« on: Dec 10, 2015, 06:23:18 PM »
For those of you that has been following my posts, we went to court today to get custody. At the end, the Judge looked at ex who has custody now and said "I need to review this to make sure the kids are never put in this situation again". What does that mean? Does that mean he he is goin to let her keep custody and make it where she can only do certain things with the children, or does that mean he is going to allow me To have custody and write it up where it can not be appealed. I will be waiting for the verdict for sure. How long does a Judge usually take to release a written verdict? The last one was verbal after the hearing.

4
Custody Issues / Question about school
« on: Jul 15, 2015, 01:08:28 PM »
I talked to my Attorney yesterday, we have everything in place to go to court to try to get custody. He said that I have a Very good chance with all that has happened over the last 3 years. My Ex has told the kids that once they start school, a Judge will not take them out of school so there is no chance of me getting custody of them. She moved to another town in June with another boyfriend so I would not have time to fight it before school. My Attorney disagreed with this and said that if it is in the best interest for the children, that the Judge will have no problem taking them out of a school to put them in another. What do you guys think? Would that be a factor that could keep me from getting custody?

5
Custody Issues / I hope its Possible
« on: Jun 18, 2015, 01:28:40 PM »
I am Finally Taking my Ex back for residential custody. I was wondering if anyone has seen a Father get custody for the same reason as follows.

My Ex and I divorced about 10 years ago. We decided on a 50/50 custody with our 2 children. After a year, she met a guy she wanted to move in with. This would have been fine, but he lived 60 miles away and she wanted to move the kids. Long story short, she decided to marry him and  ended up with residential custody. the Judge stated the only reason she got them was because she was the primary care giver. She has them during the school year and every other weekend during the summer. I get them during the summer and every other weekend in during the school year.  A year later while on my way to pick the kids up for my weekend, I get a text telling me to pick the kids up at a different address. I go by the address and find out that she and the kids moved out. I found out that he had been making threats to the kids of abuse. I put a restraining order on him to keep him away from the kids and Guess what, when we went to court she was there to testify for him so the restraining order would not stick. After loosing the hearing, the same day, she put a restraining order to protect her, not the kids.

 During her divorce, I find out that her and the kids are spending the night at another mans house on the weekends. I ask her where is having the kids spend the night in another's mans house before your divorce is even final in the best interest of the kids. As always when I confront her about things, I get no reply. ( I learned along time ago, always text or email, there is proof). To make  a long story short, I received a letter last week stating that she moved in with her boyfriend 20 miles further and the kids will be living there and going to another school in another town.
 
Ther is much more to the story like she ahs had 5 jobs in the past 3 years, I have taken her to court for not communicating kids activities of which the Judge made us use a online calendar of which she hasn't logged in to since November. My son 11 F's in a row because she doesn't make him do his homework of which I got him lined out on and he barley passed.

About me, I purchased a house three years ago, I am remarried and have been for three years. I live in the same town that I did when we divorced. My job is stable and I am not planning on going anywhere.   

My Question is, Has anyone ever seen residential custody changed because of instability or not having the best interest of the children in mind?  Any information would help.

6
Custody Issues / When is the right time?
« on: Apr 22, 2014, 12:58:17 PM »
When is the right time to go back for Custody? People always say wait and see what happens or not yet, it hasent been long enough. The Judge will think you are just badgering your Ex.

 Its been two years Since we went to court to get our 50/50 joint custody changed to mom getting them during the school year and dad getting them during the summer. In the past two years, her is mom's track record ( I will try to keep it short.) She has had 5 jobs in the past 2 years. She moved the kids to the town she lives now, Got married, 12 months later got divorced. Moved out into a smaller house. Youngest sleeps with mom at age 8 because its a two bedroom. She has introduced the children to thier 4 step brothers and sisters, and has taken them away. She is now planing on getting a job in another town and moving them again. I had to put a PFA on her Ex to protect the children after she left. The Judge denied the PFA after she said she would put one on him after he denied mine.  The children are suffering in school, I know they can get much better grades, but she will not get them help.

ok, Now, here is my Track recored.  I have the same job, the same house, the same cars, the same wife, the same step children. We did get a new dog. Nothing has changed. I am much more stable than she is which is much better living conditions for the kids.

Should I still wait?

7
Father's Issues / Getting Temporary Custody
« on: Jan 29, 2014, 02:52:32 PM »
This is a bit long, I know, IM sorry.

My Ex-Wife and I had 50/50 Custody with our children,  She decided to get remairried and went back to court so that she could try to get custody and be able to move the kids 70 miles away. She was granted Physical Custody with Joint Custody. 5 days ago its my weekend to pick the kids up. I get a text from her wanting to know if I will pick them up at a diffrent address.

I agree so I drive to the address and her mom is standing outside. My Ex comes out and says that she has moved out of her husbands house and is divorcing him. Why I ask. She said he was verbally abuseing the children and abusively threatning to physically abuse them. So I just say ok and get in the truck with the kids and take them home. I am remarried also, We have both been remarried for a little over a year. I have the same house and the same job that I had when I lost physical custody of the kids.

Nothing has changed except we got a Dog. Anyway, I get the kids home and ask them what has been happening over there. They start to tell me all these things that the husband has been threating them with, its stupid things. Things like if you dont eat the fat off that meat, I am going to spank you with the meatal end of my belt, and things like this. They said on many accassions he has been statning over them with a belt begging my Ex-wife to let him hit them. I call my Ex and tell her we need to meet to talk.

She agrees so we meet Sunday afternoon while I am dropping the kids off. I ask her what was going on and what do I need to know. She tells me that all that the kids are saying is true and that she is done with him. I ask her if she is ok and my wife now tells her that if she needs any protection or anything we are happy to help and that I do not want my kids around her husband ever again. She agreed that they would not be. I told her that if they are ever around him I will get a protective order put in place. 

Guess what, three hours after our conversation, Guess who is having ice cream with my kids! Are you freaking kidding me?? So Monday morning Im in the courthouse getting a protective order. It is granted and we are set up for court in 14 day. This didnt go over very well with the ex and her husband as I knew it wouldnt, but My kids are a little safer than they were before. Tusday night my kids have a wrestling meet, His kids Wrestle as well so I knew he would be there. I go and sit up at the top of the seats. By this time the principal knows what is going on and he knows a Deputy that is there.

I guess I should let you know that this is a town of about 4000 people. I didnt want to cause any problems for his kids so I sat back and just watched him closely, After a bit he walks over 10 feet from my kids and sits down. The Ex does nothing about it, she just sits there. Finally the deputy goes down and askes the husband to move, he cant sit this close to the kids. Are you kidding me again?? He did it just to see how far he could push it! I have a order of protection against this man. Anyway, the meet is soon over and we leave.

I get home to find videos of my kids wrestling meet on his facebook page. There is also a video of the ex and the husband walking out of the mat togeather laughing and talking. geeeez!!! He just threatned your kids lady!!! So now Im being asked by her to release the protection order, her reason, Its affecting too many people. Ummmm, yeah, But OUR kids are safer. Now for the question.

How far does one go before the courts see that the kids are not safe here. How far does this have to go before I can file for Temporary custody and get my kids to a safe home with stability. She has had 5 jobs in the last year and this is the third time she has moved. Im worried that a court will tell me I am over reacting, but when it comes to kids, can you over react?


8
Father's Issues / Parenting rights
« on: Feb 07, 2013, 09:26:01 AM »
It has been 6 months since the court has ordered Joint Custody with my EX as the residential custody parent. I have been keeping a log day to day the contact that we have had. She has made many decisions about the kids without talking to me. From my understanding what my Attorney has told me, she is supposed to visit with me about everything except the children’s day to day functions. I have a list as long as my leg of things that she has not communicated to me. Such as, I was told my son is now playing basketball. He is now in Boy scouts. My daughter is in Gymnastics, Dance, and she even wears glasses. I see my kids every other weekend and every weekend there is something new. I have tried to communicate to her that she has to at least ask my opinion of this before she enrolls them in anything and I should know about Dr. appointments so that I might be able to make them. I was even told at my sons Christmas, which my Ex was out of town for, by her New Husband That my Daughter could not sit beside me during the concert.

With them still being in school I don’t want to disrupt their lives right now. Summer is coming and I’m thinking about taking her back to court to try to get custody of them on the grounds that they are interfering with me being a father to my children. My Question is, is it too soon? Will the courts think I am being petty? IF it is too soon, When is it not too soon?

9
Custody Issues / Wrong Parenting plan.
« on: Aug 29, 2012, 09:59:08 AM »
The parenting plan that my Ex's lawyer submitted was her parening plan. The judge said that we will use his standard parenting plan. Also, the child support is figured wrong. My lawyer is out of town for a week. My question is, Before the parenting plan is entered do I or my lawyer have to sign off on it and how long do we have to sign off on it?

10
Father's Issues / Relocating
« on: Aug 06, 2012, 02:18:39 PM »
I will try to keep this as short as I can. My Ex has decided to move to another town with her Boyfriend. She moved 60 miles away and has decided that she is going to fight to get full custody of the 2 young children so they can go to school where she lives. We now have 50/50 joint custody of them and share them every other week.

A little about her: She works 2 days a week 90 Miles from where she just moved to, the other 3 days she is not sure where she will be because she is in sales. She was evicted from her last home 4 months ago, which is why she is living with her boyfriend. Her boyfriend has 4 other kids living with them in a 4 beedroom house which is a total of 8 people living in the house. I did some digging and found that he has 2 accounts of assault and just got off probation 2 months ago for his last. He does not have a job at this time, and is looking for one now. She has had 4 jobs in the past 4 years and 3 boyfriends that she introduced the kids to.

 A little about me: I am remarried. She has 2 children that has the same living arangements as my children do now. I live and work in the same community that the kids went to school last year. I have been working for the same company for the last 5 years and have climbed the ladder here at work. My wife now has had the same job the past 5 years and has also done the same. I have made all my child suppot payments and any other payment as far as that goes. I have a 6 beedroom home with plenty of room for all of them to run and play. I was the parent that picked the kids up from school last year if they got sick at school or got out of school early. Even though she lived here last year she worked 30 miles away.

Im wondering if anyone has ever seen this and how the outcome was? I dont want to be a dad that gets to see his kids ever other week. I love my kids completly and I am worried about the out come. I just dont feel that it is in the best intrest of the children to be living with there mother. How will this be viewed by the Judge?


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