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post #1 of (permalink) Old 08-23-2005, 06:32 PM Thread Starter
 
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WAY O/T Need opinions/advice on custody battles

Ok first of all this situation has nothing to do with me, however it does involve a good friend of mine and I just recently got into a heated discussion about the issue. I know there is a wealth of knowledge on here so was just asking to see what other peoeple have gone through or thought. Any lawyers on here? MarineOPLaw? Ok here is the situation:

Mother has two girls by two different men. She has never been married, and she has sole custody of both children; ages are 7 and 5.

The mother has a boyfriend whom has been living with her for about 4 months. The boyfriend has just recently bought a brand new house.(again not me) The mother and two girls are going to move in with him. They will be moving about 20 min away from their current residence. The father wants to put the child in a christian school but with the move the mother does not have that option. However the Mother has found a great preschool/kindergarden near the new home. Father is upset because he is not getting his way so has recently filed for custody because of the "mothers lifestyle" in other words the move. So my questions are; Does the father have a case?
Should the mother worry? What options are there? What would typically happen? Any other comments?
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post #2 of (permalink) Old 08-23-2005, 07:02 PM
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Re: WAY O/T Need opinions/advice on custody battl

Matt, I deal with these on a weekly basis. The father has a case, but will have to prove that the mother is 1)unfit, or 2) the living situation is having-or will have-and serious negative impact on the children. If I were the mother the first thing I would do is spend a couple hundred dollars and get some legal advice from a local attorney who is familiar with the Judges in that jurisdiction. I would not be losing sleep over it, as most likely this is a P.O.'d father who is more upset that the ex is living with another man than he is worried about the welfare of the children. Wish her luck, but I think she's on pretty firm ground.
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post #3 of (permalink) Old 08-23-2005, 10:19 PM
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Re: WAY O/T Need opinions/advice on custody battl

What Tom said. Here in our county it is almost imposible to get custody changed after it has been granted in the court. The only ways are listed above, but it usualy requires some very signifigant proof of being unfit or detrimental to the children.
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post #4 of (permalink) Old 08-24-2005, 12:20 AM
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Re: WAY O/T Need opinions/advice on custody battl

Like Tom, and Jeff have said it takes a good reason to get custody changed. I dont think that just the issue of the school will be enough reason.
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post #5 of (permalink) Old 08-24-2005, 01:10 AM
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Re: WAY O/T Need opinions/advice on custody battl

I would have to agree with what has been previously stated, but also add that whatever judge it goes before has a great deal to do with it as well. Most judges that I have seen are very reluctant to remove a child from a mother's custody, even under circumstances that would make mmost people think that the mother had no business with a child. It is difficult to tell and mostly depends on the judge and what sort of case the attorneys are able to present. If there are allegations of a lack of suitability or lifestyle issues that could place the child in jeaopardy then DSS will probably become involved and the child(ren) should be assigned a guardian at lietem (which is usually an independant attorney who is supposed to represent the childs best interests without regard to the parents.)

Pretty much the skinny is that it depends on many factors, but short of serious circumstances she should be fine.

Can I just say that I hate custody issues.

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post #6 of (permalink) Old 08-24-2005, 12:56 PM Thread Starter
 
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Re: WAY O/T Need opinions/advice on custody battl

Yea just found out some new news. It appears that the mother has found out the fathers motive (I think). The 5 year olds Grandmother died last week, the fathers step-mother. It appears that the Grandmother left the 5 year old a good hunk of change in her will. The father didnt get that much because the two of them didnt get a long. Three days after she passed away he gave her the papers for custody. So basically the sole custody parent gets the cash or is in charge of the money. Thats why I think he is trying to get custody. Hopefully her lawyer can convince the judge if that is the case

Money.......the root of all evil
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post #7 of (permalink) Old 08-24-2005, 01:16 PM
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Re: WAY O/T Need opinions/advice on custody battl



Yes, it is a sound byte!
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post #8 of (permalink) Old 08-25-2005, 07:44 AM
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Re: WAY O/T Need opinions/advice on custody battles

In spite of the money thing, I would have to say that the fathre has a case. It depends on the Judge you get. She is moving her 2 chidren from different fathers into yet another man's house (whom she is not married to). I don't know her or the Father, but it seems like no one is looking out for the best interests of the children.
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post #9 of (permalink) Old 08-25-2005, 08:47 AM Thread Starter
 
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Re: WAY O/T Need opinions/advice on custody battles

Is there a place where you can go to check out information on the Judges in the area? Or what kind of ruling he has made in other cases? Do they put stuff like that out on public records
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post #10 of (permalink) Old 08-25-2005, 09:51 AM
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Re: WAY O/T Need opinions/advice on custody battles

All rulings are public record. However, you would probably spend days researching which cases he has ruled on, then sorting out any relating to child custody cases. As a starting point, any cases of this type would be classified as either a DR (domestic relations), or a JP (juvenile paternity). The JP's are sealed and you won't be able to look at them due to federal laws regarding juvenile privacy, similar to adoption laws. In short, I wouldn't attempt it unless I was retired and had absolutely nothing else in the world to do.
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