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Old 08-01-2013, 03:42 PM  
MTG#10 MTG#10 is offline
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Any lawyers here? Need advice on complicated custody dispute

Ok here's what's going on:

My ex and I have been divorced for a 2-3 years. We agreed to 50/50 everything with our kids...time with them, decision making, etc. My address is their legal address for mailing and educational purposes. Neither one of us pay child support, and even though the time with them is supposed to be 50/50 its more like 60/40 with me and Ive been keeping a detailed log for the last year.

Ex meets another guy, he joins the army a year later, they get married about 3 months after he joins. He now finds out he's being relocated to a base in Georgia. Ex thinks she is going to move with him and take our kids with her.

Everything the kids need or have ever known are here. Their school they've gone to since they started, me, their entire family on both sides...everything.

Is there anything for me to worry about? I know judges want to do whats best for the kids, so surely no judge would let her uproot and move them to another state without my consent, right? The only thing Im worried about is the military thing, that maybe they'd get special treatment for that...but at the same time, he decided to join after they were together and they both knew her situation with my kids. My lawyer doesn't think I have anything to worry about, but of course he's going to tell me that since he wants my $.
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Old 03-28-2014, 04:49 PM   #136
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Guess we will find out. Of the 3 guys I know who went through similar. None of them won. One of the wives just picked up and left. Now maybe his lawyer sucked. But once found, she did not move back. Nor did the state require her to return with kid.

Good luck. But don't be fooled into thinking the letter of the law is always followed.
My case was utah specific. Im glad MO laws are better, but there are a thousand ways for her to win......for you there are very very few ways to win. It takes money/time/consistency/restraint/ and knowledge to win.

Dont take my word for it, there are ample horror stories about family court. Take a look at mensrights on reddit if youd like to see more.

No matter what happens at the end of this you will be smarter about how truly ****ed our system is. Even if you do win, and dude im hoping you do.
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Old 03-28-2014, 04:51 PM   #137
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Good luck to you. I've been fighting my ex old lady in court for 7 years trying to get my shit back and the money she owed me
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Old 03-28-2014, 06:31 PM   #138
MTG#10 MTG#10 is offline
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Originally Posted by gochiefs_va View Post
My case was utah specific. Im glad MO laws are better, but there are a thousand ways for her to win......for you there are very very few ways to win. It takes money/time/consistency/restraint/ and knowledge to win.

Dont take my word for it, there are ample horror stories about family court. Take a look at mensrights on reddit if youd like to see more.

No matter what happens at the end of this you will be smarter about how truly ****ed our system is. Even if you do win, and dude im hoping you do.
It takes money/time/consitency/restraint/ and knowledge for her to win too...even more so and she faces a lot tougher of a battle than I do.

Read these, they confirm what the two attorneys and former judge I spoke to told me. I'm still nervous, but its not as bleak of a situation as you think.

http://www.columbiamofamilylawblog.c...elocation-law/

http://www.foxfamilylawyers.com/fox-...ail.asp?id=228

According to these blogs (and my attorney) in MO its extremely difficult for a parent even with sole custody to move their child out of state without the other parent's consent. I have joint physical, legal and sole residential...and have had them more than she has.
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Old 03-28-2014, 07:20 PM   #139
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Just do what your lawyer says.. if you can show your a dad who is loving and can provide and don't have many eff ups that will be found in discovery stage then you have just as good as a chance as keeping them starting out. A case is like a 12 round boxing match...ups n downs just don't say anything stupid to her during the process and listen to your lawyer.
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Old 03-28-2014, 07:28 PM   #140
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Originally Posted by RobBlake View Post
Just do what your lawyer says.. if you can show your a dad who is loving and can provide and don't have many eff ups that will be found in discovery stage then you have just as good as a chance as keeping them starting out. A case is like a 12 round boxing match...ups n downs just don't say anything stupid to her during the process and listen to your lawyer.
n00b comes out with the best advice in the entire thread.

Bravo sir. Bravo.
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Old 03-29-2014, 09:56 AM   #141
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Old 03-29-2014, 10:03 AM   #142
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Old 03-29-2014, 10:10 AM   #143
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Originally Posted by MTG#10 View Post
Ok here's what's going on:

My ex and I have been divorced for a 2-3 years. We agreed to 50/50 everything with our kids...time with them, decision making, etc. My address is their legal address for mailing and educational purposes. Neither one of us pay child support, and even though the time with them is supposed to be 50/50 its more like 60/40 with me and Ive been keeping a detailed log for the last year.

Ex meets another guy, he joins the army a year later, they get married about 3 months after he joins. He now finds out he's being relocated to a base in Georgia. Ex thinks she is going to move with him and take our kids with her.

Everything the kids need or have ever known are here. Their school they've gone to since they started, me, their entire family on both sides...everything.

Is there anything for me to worry about? I know judges want to do whats best for the kids, so surely no judge would let her uproot and move them to another state without my consent, right? The only thing Im worried about is the military thing, that maybe they'd get special treatment for that...but at the same time, he decided to join after they were together and they both knew her situation with my kids. My lawyer doesn't think I have anything to worry about, but of course he's going to tell me that since he wants my $.
Jeez these bitches are dumb and selfish. They never think about what is best for their kids. They meet some swinging dick and it becomes all about their perfect new man. Been there done that.

Since you already have a custody agreement and you have followed it and been the better parent. Plus the fact they are in your school district- I don't think you have to worry about it. Most judges won't change the original unless one of the parents are in jail, abusive, drugs, murder, hurting the kids, ect and even then it is a hassle to get them to change another judges verdict.

Most of the time when some chick wants to chase a guy she just met it never works out. Judges have seen this many times over and most likely won't let her drag the kids into her drama. The most you might lose is a summer break with their mom-2 or 3 weeks and maybe every other holiday. But is highly unlikely they will be uprooted and forced into a potentially damaging situation.

Best of luck!!
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Old 03-29-2014, 01:47 PM   #144
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Well, actually if you answered yes to quesation #5 I don't think I can help you because it means your stuped. Sorry.




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Old 03-29-2014, 02:38 PM   #145
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Missouri must have different laws than Kansas. When I filed for divorce and my daughter was with her mom, the first thing I had to do was have myself served with papers ordering my boss to withhold a set amount. Both of us had to have the others permission to take her out of state. Divorce cost 500. Ex wanted to move out of state. Told her no and she said I could have her. Told her I wouldn't pay her child support, cost another 50 to have her sign off. 10 years later she gets an attorney to garnish wages for back support. I had the court papers to prove I didn't and we haven't spoken since.
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Old 03-29-2014, 02:41 PM   #146
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BTW female attorneys rock!
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Old 03-29-2014, 05:39 PM   #147
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Most judges won't change the original unless one of the parents are in jail, abusive, drugs, murder, hurting the kids, ect and even then it is a hassle to get them to change another judges verdict.
This. Seen a lot of cases where one parent was basically non-existent and the judge STILL wouldn't do anything.
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Old 03-29-2014, 06:44 PM   #148
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BTW female attorneys rock!
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Old 03-29-2014, 06:50 PM   #149
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I haven't read this whole thread but this is one of the consequences of making babies with someone who you are not right for.

My friend is in this situation and every she moves, he transfers and goes where they are.
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Old 03-29-2014, 07:40 PM   #150
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MTG, I talked with you about this last year. I ran it quickly by my wife, the female family law attorney (shameless plug) and she echoed much that has been said here. Missouri is tough on relocations especially when they are following a new love interest. But, she emphasized, do not miss that deadline.

Also the rate is not unreasonable. Remember even you give the attorney money now, it's not theirs until they give you an invoice for work completed. My wife's detail each hour spent for more piece of mind.
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