Emergency Help for my Husband!

[Imom]

DH has one week before the school year until one week after, e/o x-mas, Bm has anytime the child is out longer then three days. Bm lives in Mississippi, we in Indiana, case filed in Indiana in'98. Dh is in the gaurds he has been activated. We are not 100% sure hes going but,


Our attorney is also the jag officer. Dh tried to contact him today and he was not in, we did find out attorney is going, he got a hold of another attorney in the office. He informed my husband that Bm can file and get temp. custody in Mississippi but when he returns the custody case will stay in Indiana because she needs his permission to change jurisdication, and he will get custody back.


1. Wouldn't she have to file for temp. custody here?

2. Am I reading the Jurisdication act wrong, because I see now where that she will  need his permission, just the courts ?

3. If bm did get Temp. custody, and dh returns before the week before school starts he will have to go to court to have the Temp. custody thrown out? something along the lines right? He can not just go pick him up as if she has Temp. custody she doesn't have to release him?

4. If he is gone 6-12 months what are the odds he would get ss back, wouldn't she have more statas, since the child would be there that long and be granted Custody once he returns? And he would have to prove a change in her home to regain custody?

[socrateaser]

>1. Wouldn't she have to file for temp. custody here?

It's a coin toss, based on your facts. The mother could ask for a temporary order in MS, on grounds that it was an emergency to protect the child. An emergency is supposed to be circumstances that would cause, or be reasonably likely to cause the child, irreparable harm, but the MS court could make that finding, and there wouldn't be much you could do about it.

Under your facts, there isn't really an emergency, but who knows what the mother might tell the court, especially if she could prove that the father is deployed. The child's age and disposition could also enter into the situation, because he/she may not be all that cooperative in the courtroom, and could want to go back to ID. I don't know the child's age, so it's difficult for me to analyze this.

Technically, you would be delegated to exercise custody in your husband's absence, and that should satisfy the law to prevent MS from being able to modify custody, but, once again, this depends on whether you are notified of the hearing in MS (assuming it actually took place), and had an opportunity to appear (if the child's too young or afraid to speak up, or wants to remain in MS, this could happen).

>
>2. Am I reading the Jurisdication act wrong, because I see now
>where that she will  need his permission, just the courts ?

See #1, above.
>
>3. If bm did get Temp. custody, and dh returns before the week
>before school starts he will have to go to court to have the
>Temp. custody thrown out? something along the lines right? He
>can not just go pick him up as if she has Temp. custody she
>doesn't have to release him?

Depends on the exact words of the order, but he would almost certainly have to move for dismissal in MS, assuming a temp order was issued therein.

>
>4. If he is gone 6-12 months what are the odds he would get ss
>back, wouldn't she have more statas, since the child would be
>there that long and be granted Custody once he returns? And he
>would have to prove a change in her home to regain custody?

The longer the child resides in MS, the less the court will want to change the status quo. Here again, the child's age and ability to inform the court of his wishes would come into play.

File a motion with the ID court for a temporary order granting YOU the right to exercise custody in your husband's absence before he's deployed, and preempt the problem. If you don't, you may be very annoyed later.

[Imom]

ss is 8 ( 9 in July) and she has already played with his emotions when she filed for reversal in 2002, by telling him that he had to tell the judge he wanted to live with her, etc.

[Imom]

1. If MS grants Temp. custody will they then have jurisdication of the custody case thereafter?

2. I read the part about me filing a motion after I printed your answers for dh, is that at all possible? Will that courts here consider that? What are the changes they would grant it?


3.Hubby and I have been married since 99, We have 1 bio, one on the way, and he adopted my pervios two, would any of that help with #2.

4. Would bm be notified? And then she can fight me right?

[socrateaser]

>1. If MS grants Temp. custody will they then have
>jurisdication of the custody case thereafter?

Depends on how long the child lives in MS. If it's longer than 6 months, it's almost certain that ID will relinquish jurisdiction to MS.

>
>2. I read the part about me filing a motion after I printed
>your answers for dh, is that at all possible? Will that courts
>here consider that? What are the changes they would grant it?

If you don't believe that I know what I'm talking about, then you should seek counsel elsewhere. As for your chances, I don't read tea leaves, but wouldn't it be better to find out now, rather than worry about it for months?

>
>
>3.Hubby and I have been married since 99, We have 1 bio, one
>on the way, and he adopted my pervios two, would any of that
>help with #2.

Not really, but thanks.

>
>4. Would bm be notified? And then she can fight me right?

Yes. Due process requires that BM have notice and opportunity to appear and defend. But, you have the advantage now, because it will be much more expensive for her to appear in ID, and it will be much more expense for you to appear in MS.

[Imom]

Its not that I didn't believe you, I just didn't think step-parents have any kind of rghts to file anything. Again sorry, I came to you because I got one story, then another I knew you would have more answers, I got lost when I read that, again I have always heard step-parents have to grounds to file anything. Did not mean to offend you?

[socrateaser]

You're misunderstanding the legal theory. You are not the one attempting to get custody. Your husband will ask the court to allow you to maintain the status quo custody arrangement in his absense, in order to avoid any later controversy that might arise as the result of the child spending his summer in MS.

Get it? Also, no offense taken. Just making the point that you can always consult with a family law attorney in your jurisdiction.

[Imom]

I am misunderstanding alot, sorry about that. Its just the attorney dh talked to (not actually ours, but at the same firm) told him no matter how long ss is in MS, Indiana will always have jurisdication even if bm is granted Temp. in Mississippi. He told hubby that if he should return before the pickup day in August then he can just go pick up ss, even if she has temp. custody order there, he would not have to go to court at all, unless ss started school there then they (MS) would make him wait untill school was over then they (MS) would give him back.


What he told hubby did not sound right at all. But now that you have explained what I have told him helps alot and explaining what the motion means Helped me understand more....Thanks.  And I will be geting him on that. Thanks again for your help.