I am a father 0f 3 children, 2 of which are step-children (to 2 different fathers). I have been married to my wife for over 2 years now, and been with her for almost 5 years. All 3 children live with us, and the 2 eldest (step-children) have lived with my wife since she seperated from her previous husband. Here is my dilema.
I have been offered a job in Denver Colorado (we are in PA), making a very large amount of money. . Father 1, (father of 9 yr old) doesnt seem to care (he only asked we give up child support, so that tells me he doesnt care), Father 2 now has told us that if we choose to go, he will fight for custody of his daughter (6 yrs old). both currently see daughters 2 weekends per month, and do not come to thier activities (soccer, karate, etc.) We moved before and there were no custody issues, and lived in MO for over 2 years, unfortuntantly the company downsized, and I returned back to PA near our families. Does father 2 have any chance of gaining custody from usI need a little legal advice regarding custody of children. I will be as detailed as possible.?
If your wife has full custody and no visitation agreement is in writing than you wont have a problem. But if there is a visitation agreement than you will have to go to court.I need a little legal advice regarding custody of children. I will be as detailed as possible.?
Wow! this is a very big dilema! I worked for cps for many years and I know a little bit about custody issues but all states are different so I,ll give it my best shot- Child from father 1 doesnt seem to care, but do make sure you have documents to terminate his custody and parental rights, and be aware that just because your wife personally wants to drop childsupport, doesnt mean the issue of child support is gonna go away for father #1, as the state can do whatever it pleases, again it depends on the state you live in? Father #2, is gonna be the thorn in your side, as he has every right to make your move almost impossible! The courts will lean toward the side of this father, and just because he doesnt attend soccer games or any other activitys doesnt mean a thing to the state, the state and courts will only look at whats best for this child, and what they see as the best thing for the child will be, keeping this child as close to the bio-parent as possible, and chances are very high that you wont be capable of taking the child out of the state, so prepare for the worst but hope for the best! What Ive seen in the past for parents in similar situations as yours is as follows, #1 rule, you need to back out of this, as the court will only see you as a jealous controlling spouse, this is something your wife needs to deal with, and she needs to deal with it by comunicating with her ex, and being as nice and kind as she can to him, she needs to talk him into letting the child leave the state, if this doesnt work, Im sorry,but Im doughting that this child will be capable of leaving.
First off, is there a court order for visitation on either child? If there is a court order then legally you would need to get a lawyer and show a judge that you have to move for a job. Most of the time the judge will understand and tell the father that visitation will be changed. If there is no order then all your wife will have to do is contact child support and let them know you are moving. This is a sticky situation and should definitely be taken up with a professional! I wish you luck!
If there is a court order it is illegal for you to take the child out of the state, yet alone move out of state. But, as far as the custody goes...he would have a hard time getting custody.
then go ahead and go..I would
I thought normally when u file for child support they do the custody then also...unless he just gives you money here and there. Anyways though the only person who is gonna know best what should happen is a lawyer. However a judge looks at certain things and I think you have a lot in your favor. You and your wife are married and can give the child love and a safe place to live. There are two of u and I don't know if the real father is remarried or not. She has the other children and they normally don't like to split the children up. The real father only see's the child what 4 days out of a month. That is not a lot and if there is no court order then he has options to see her anytime he wnats and chooses not to so that looks bad on him. I don't remember what the age is where they also ask the child who they want to live with. I think it is 8 or 10 so she is a little young. But they look at who spends most time with child and who pays most expensses. How child is in school and all that kind of stuff. Most the time the mom ends up getting the child anyways but there are times where the dad does. I think things look good for you guys but I don't know him or you to really say. Some agreements state the mom has full custody but can't move out of state or stuff like that. So honestly my best advice would be since there is no court order yet you need to move without him knowing (if possible) and then as soon as you get to CO she needs to go file for custody right there. Cause whoever gets to it first that is where the other person has to go. So if u file where u are now you will always have to go back there for court or if he files. Where as if u do in CO then he will have to go there and that way she has a head start on him. Good Luck and hope any of it helped.
The court usually never takes custody away from the mother unless there is just cause such as abuse or neglect. They might just set something up for visitation! Good Luck!
The father more than likely will not get custody but the thing is if he apply for custody and does not get it then he will have court orderd visatation whick mean that u cannot move the child more than 25-30 miles from your current address i live in NYC and that is the law, and i think that is the case in most states, the reason is that if the father wants to c the child and has an order u cant move were he cant c the kid. Oh by the by the father not coming to the kid activies does not mean they dont care maybe they dont want to get into anything with the other parenths.
nope as long as proper visitation is still maintained there isnt anything that the so called father whichever one has his rights then nothing can happen and as for giving up the child support hes trying to get away from his obligations which is true he doesnt care
No comments:
Post a Comment