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Messages - gabes_mom

#41
Visitation Issues / RE: Voicemail messages
Nov 28, 2006, 02:39:39 PM
what does the court order state exactly?  If it says that this Christmas vacation is to be spent with you than your ex has no leg to stand on in court or outside of it.  The court order will be what is enforced.  He can however take you to court for a change in custody any time he decides to do so but the judge has to always look at what is in the best interest of the child and he'd also have to prove that there was a change in circumstances that would make it in the best interest of your child to be relocated to his home.  Same goes for child support.  He has to prove there was a change in circumstances to have it recalculated.  Of course ever state differs.
#42
Unless it states in your custody/visitation order that you are the only one that can pick up your son then no she can't make this decision.
#43
My husband's ex wife did something similar.

Original custody agreement stated that the custodial parent (the ex wife) couldn't move minor children more than 200 miles from county of jurisdiction. This was a court order.

When the ex told DH that she was going to move (with the kids) over 500 miles one way from our county they went to court. She was allowed to move, visitation was set up, and DH was basically told that there was nothing he could do to stop her move and since he had not attorney there was not custody change made. Basically judge refused DH primary custody because the kids mom wanted to move out of state to shack up with her boyfriend.

So even when your divorce decree states something like a specified amount of miles that you can live within in the end the judge likely won't enforce such a stipulation b/c it directly interferes with her first amendments rights. This was the reasoning the judge gave us on the day he let my step kids move over 500 miles away.

 
#44
Custody Issues / RE: NEED HELP!
Dec 11, 2006, 10:53:14 AM
I am so sorry for your SD!  I can't imagine losing my mom!  I will pray for her and your family in these times.  

As for custody I would imagine it would go straight to our DH, however it is best to consult a lawyer.
#45
Custody Issues / RE: Help on 1 Year Old
Dec 05, 2006, 01:53:08 PM
look in your phone book under attorney's a lot of them are willing to give a 30 minute free consultation.  I'd see at least 2 or 3 different ones and decide from there who is best suitable to take the case and get yourself a court date.  With child support being established I would think that the custody would have been set.  HOWEVER I am no lawyer and with this kind of uncertainty you should seek out legal advice familiar with your state.  

Also you may want to post this info to Socrateaser.
#46
It's women like this one who give the rest of us a bad name.  She's seriously is a nutjob.
#47
Father's Issues / RE: What would you do?
Dec 05, 2006, 01:34:42 PM
It depends on what the court ordered medical/dental is.  IF you are ordered to pay half then you must pay half.  Braces aren't usually put on a child if they don't need them so having to "earn" them isn't even an issue (or shouldn't be).  If it is a need it should be supplied. Period.