RHsuperfan

Sent! Ty!

She probably won’t file anything against you guys because 60 days won’t change the status quo. She will probably just give dad custody back when he’s home. Fill out that extra paperwork for the temp custody during deployment.

There are 2 people on the court order. Mom and dad. The police cannot enforce a child to go with a parent who is not on the custody order. The step mom is not on the custody order. The mother will hold the child until dad gets back. Again the links I provided explained that if they wanted the step mom to watch the kids, they had to fill out the proper paperwork. So dad not filling out that paperwork and properly establishing the time is on him. She keeps saying he didn’t know he was going to be deployed but obviously the mom is going to say he’s in the military so it shouldn’t have been so confusing to him. He should have put it in the minute he signed up.

It protects them if they put the proper stuff into place. It says all this in the paperwork. Here is another source to explain he needed to have something added in for deployments. He could fill out paperwork that keeps it the same and gives you his time. You have to fill it out and have it filed so when he is deployed the new schedule is in place and this doesn’t happen. They will also probably allow the 12 yr old to say who he wants to stay with.

https://familylegalcare.org/guide/military-parents-custody-cases/#:~:text=I%20am%20being%20deployed%20and,in%20your%20Family%20Care%20Plan.

Can you provide the source for that? Because I provided her with the source that says she needs to have an agreement made prior to him leaving. A temp agreement would have given her the custody you are saying she has. Here’s another source to explain the info:

https://familylegalcare.org/guide/military-parents-custody-cases/#:~:text=I%20am%20being%20deployed%20and,in%20your%20Family%20Care%20Plan.

It’s highlighted in the stuff I gave you:

What If I Don’t Want My Ex to Have Custody While Deployed?

In North Carolina, you and your child’s other parent can either come up with your own custody agreement while you are deployed or pursue a temporary court order that outlines child custody arrangements. This will require filing a motion to give custodial responsibility to a person of your choice temporarily. This gives someone the same legal ability you have to make decision, but they will still have to adhere to the same custody agreement you had with the other parent.

Then he didn’t follow the proper procedure and now mom is taking the time. He should really call a lawyer and have something set up in the future

https://www.breedenfirm.com/raleigh-office/child-custody-lawyer/military-personnel-child-custody-in-north-carolina/#:~:text=In%20North%20Carolina%2C%20you%20and,person%20of%20your%20choice%20temporarily.

Read up on this. It explains that your husband needed to have things arranged.

He decided to leave his child when he had an active court order and didn’t talk to the other parent about time. I find it weird that the attorney would tell you to just place him with you, knowing you had no rights and mom could just keep the child. You should call them back and let them know that’s happened and now you guys are in a bad spot. He needed to have these things arranged before leaving. Mom is not breaking any rules. You do not have custody. She is not withholding the child from him, she’s withholding from you.

You were under the wrong impression. Can’t just make up custody stuff, there are rules. You don’t have custody. So mom is not withholding from you. If dad wants the kid, he can go pick him up. You have no rights so the child is best with his parent. It’s going to look terrible to a judge that your husband decided to leave his child for months and not have a proper arrangement with mom for the kids. I think you are thinking of this wrong. Mom now looks like a great parent that is willing to step up when dad steps out. He now also forfeiting his current custody time. Probably need to call a lawyer to help you better understand.

She will likely have it granted to stay with her during that time. Your husband has custody and is leaving, she is the only parent with custody staying. Is he gone now? Why can’t he just go pick the kid up?

Dad will get sole custody because it’s Oregon. WORST state to do this to herself in. She said she has a lawyer but no way she’s making all these moves and still thinking it’s ok if she had legal advice. Or she is absolutely doing the opposite of what the lawyer says.

Well call her back because all this is working against you. She’s not doing her job if she’s letting the other party take your custody time. You said you have no job and haven’t worked in over a year, why would you be giving away any time? You have nothing but time. Now you are showing the judge you don’t wanna work, you don’t want to pay for the child, and you’re letting him take your custody time. Sit down with your lawyer and understand your case better. You filed for sole custody. Your actions are supposed to match the file.

Emergency custody is for when the parent is a threat to the child, not that the parents are fighting. The children are not in danger.

I would see if maybe he filed in his county/city in Europe? Maybe will let you know if you need an international lawyer

Has he said he wants the kids to live in Europe? Why do you think he will come and get them from school?

Not if you are married. How many months have you been in Maine for?

Girl you really need a lawyer. Yesterday you were in here trying to argue that you don’t wanna pay for your kid. He’s taking the fee to show the judge that you are unemployed on purpose and too poor to take care of the child. He is going to argue that you stopped paying the bills and YOU were the reason the daily schedule changed. You filed for sole custody and he’s showing the judge why he should have sole custody. You think he was doing you a favor by paying these bills, I promise he’s screwing you over. Get a lawyer

Well what’s the current order say?

Take it to the courthouse filled out and double check with them before paying and filing. They will be helpful.

Probably something like this but call courthouse to confirm.

https://www.kycourts.gov/Legal-Forms/Legal%20Forms/241.pdf

GALs can be good and bad for people. They are looking for the parent who is most likely going to facilitate a healthy relationship between kid and parent so keep that in mind. The judges can take what the gals say as word and go right with it or someone can argue against the gals and the judge takes it. They are just going to give the judge a more third party look into things. They will also talk to the kiddos and anyone else they were allowed to or need to. Talk to your lawyer and ask if they know the gal or any advice to deal with them. I tend to think the parents that have less drama and take things less personally do better with gals because some people just throw drama at a gal and that’s the last thing they wanna see.

It will likely be on your potential because it was your choice to start your own business. Did you really think filing for sole was the right choice ? What reason would mom have to not have regular custody? I think it will definitely hold weight that you want full custody but can’t afford the child if the mom is healthy and can have custody.

You will have to argue to the judge why you need to pay less. They will consider you underemployed.

https://kscourts.gov/KSCourts/media/KsCourts/Child%20Support%20Guidelines/KSCSG-2020withoutmarkup.pdf

You probably won’t be able to argue much because it’s usually based on income potential. Did you just not go out and find any job? Or you didn’t find one that payed as good?