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Messages - jcsct5

#41
General Issues / RE: I agree
Mar 13, 2007, 04:29:41 PM
Did you make the appointment during your custody time? If not you can't take the child.

If she wants to take the child during her time then fine. Find out when the appointment is and go to it to make sure the right things are being done.

#42
General Issues / RE: Move Away Parent
Mar 13, 2007, 04:24:26 PM
This is not legal advice, however I strongly feel that...

You need to file for a divorce and custody of your child immediately. The longer you allow her to stay in WA the closer she and your child become to being WA residents. (I beleive the requirement is 6 months and she has already been there for 1 1/2 months) Your running out of time. You need to get an attorney ASAP, file for a divorce or separation, file for custody, and ask to have the child returned to CA.

If there is no court order for child support don't send her a dime. You need the money to pay for representation from an attorney. Also giving her money now is only considered a gift to her and allows her to be underemployed (which ultimately makes you have to pay more in the end). I understand that you think you are doing right by your child by sending the money voluntarily, and that is admirable, but stupid if you can't even pay your own bills or pay for an attorney. You don't have time to "save up for an attorney" she will become a resident of WA in 4 1/2 more months the clock is ticking. If you have money left over after getting an attorney then put it in a savings account until such time that you are ordered by the court to pay child support.

Generally when the courts do allow a parent to move away they also order that parent to pay for 100% of the transportation costs for the non-moving parent to have parenting time with the child. I would make sure you ask for her to be responsible for this if they decide the child can stay in WA.

Many attorneys will do a free consultation, get out your phone book or look on the internet. A Family law specialist would be best, but they also come with a larger price tag than just regular family law attorneys. Generally attorney charge a retainer, if there is no way you could borrow money to cover this then I would see if you could make a down payament and monthly payments of $700 a month until you reach your retainer amount. You are allowed to use joint assesst to cover your attorney expenses so think hard about what you can liquidate to come up with the retainer and do it fast.

Good luck and keep us posted.