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HELP!!!!!

Started by TheParks, Aug 09, 2005, 07:20:55 AM

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TheParks

Hi My name is Jamie Park.  The wife of Josh Park. This is our situation as breif as possible. My husband had visitations set up wih his son when he got deployed to go over seas for the army. While he was gone the mother of his son moved from Iowa, where we live to Florida. It said in our decree that she was to have visitation re-done before she leaves and she never did. My husband came back in January and he and her set up a verbal understanding that he would call every saturday morning to talk to his son and we would talk about holidays and visitations and such...well after a month she changed her number and wouldnt return his calls. My husband hasnt seen his son since he left before being deployed in Dec of 2003 and hasnt talked to him since Feb 2004. She has recently sent us twice now to papers for my husband to sign off his rights that he has no intentions of doing that. We filed to have visitation re-done but that was in April 2004 and they had trouble finding her to serve her the paperwork. And we have no means of going to Florida to solve this. Any help would be greatly appreciated. Thank you. You can email us at [email protected] or [email protected] Again thank you

MYSONSDAD

The internet is a marvel. Maybe you can track her down that way.

How old is the child? In school? Why not contact her relatives, they might know where she is.

If I were in your shoes, I would hire a PI if you can not find his son via the internet.

"Children learn what they live"

TheParks

They finally found her when she served my husband again with the paper work wanting him to sign off his rights....but it's taking everything my husband has to not call and talk to him or go down there to see him...but when/if we ever go to court we're hoping that this all works in our favor...and with her having the "harrassment" against us for him trying to call...oh yeah i may have left that out...she filed harrassment against him for calling...but everytime he left a message he made it clear that he was just calling to talk to his son.
His son will be 6 next month and starting school...we thing...he was 4 when my husband last saw him....he now has a 1 year old baby sister he's never met and another on the way.
The last time my husband saw him. He was telling him goodbye because he was leaving to go overseas the next day...
It seems like we cant find anyone to help us. Our attorney has a negative attitude...the Father's Rigths groups havent really helped...we dont have much money...Its all a big mess...
thanks for the pointers though...a PI was definetly our next thought if they couldnt find her...
thank you again

wendl

Has she filed any revisions in the visitation or transfered the case to the new state???

If not file contempt for her failure to follow the current order, usually it won't do much the 1st contempt but keep at it.

Keep records of when you have called etc, to prove that you have tried to have contact with your child.

Document Document Document.


**These are my opinions, they are not legal advice**

TheParks

We've tried filing her in contempt but they said it wont mean anything unless she steps foot back in Iowa...I dont know wether she's transferred it to the other state. not that i'm aware of...No revisions were ever made in the original order...and child support is still going through iowa...not florida..the only thing i know of that was started in florida is the paperwork that she wants him to sign off his rights.
we are thinking of representing our selves in florida to tell them no we dont want to sign off...then making her come up here to redo the visitation...but i dont know...thanks for the advice though!!

The Parks

wendl

Usually the 1st couple contempt do nothing but it starts a legal papertrial.

Good luck.

nosonew

That is soooo sad! A man fighting for our country can't friggin afford to FIGHT for his son in court! And the fact he has to at all... appalling! I am sick!

I hope you can get some help... I really, really do!

MixedBag

Jurisdiction over everything is what hit me when I read through your thread.

I would answer FL and say that they don't have jurisdiction as the matter is still in your state.

I would also file in your state stating that dad hasn't had his time with his son since (date) and that she moved without a new parenting plan in place.

It doesn't matter if she never steps foot back in your state -- maybe that would be to your advantage to get a new parenting plan set up for long distances that has what YOU want.

Then keep after her in your court if she never sends the child for dad's time....

Careful about representing yourself.....

Zuntzu

For Gods sake, have your husband contact his posts OSJA (JAG).
He should have protection under the "Sailors and Soldiers Protection Act" in regards to the Ex just hauling off and taking the child.  Getting Uncle Sams attorneys on it will cost you nothing, and they have excellent resources as to law libraries and interstate issues.  Having his Chain of Command make a few calls, and get that ball rolling.  Chances are there is a military post near where the ex is now, and a co-ordination of efforts and reccomendations of local representation (if needed) will help.

File in your own state/county district court, get as mich help free by calling local attorneys (consultations are pretty cheap and just go from one to the next soliciting info like a daisey chain)

I was deployed in Haiti 10 years ago when my former spouse ran off with my daughter, and my chain of command got me off the line (combat arms) and in the rear with JAG.  Took a lot of skull-work, but I was awarded full custody physical/legal, and up untill this summer has been relatively smooth sailing.

God Bless you and your family, and now that you have a legal papertrail, you should be able to secure access to your son.
Get a fat Credit Card and charge the expenses (NOT AMEX)...you will have a lot of payments to make, but making ends meet in the short-run, and filing a chapter 11 down the road is better than not having your child in your lives.

I am not an attorney, and haven't been keeping up with military particulars since I got out, so double check everything I'm suggesting.

God Bless, and Good Luck!

SadStepMom

I completely sympathize with you.  My DH was deployed and while deployed his ex move 1500 miles away.  Since then, nothing has been good, she moves and doesn't tell him, etc.  We are going on 7 years since this happen.

My advice.  Fight as hard as possible now.  It won't get better if you don't.  Had we gone full throttle back then, he might have a relationship with his children, but we didn't, and he doesn't.