Help needed... Mother knowingly violates custody agreement and other such nonsense.

ragingpineapple · 2013-07-19T22:17:38+00:00

There should be a new acronym... RINAL -- reddit is not a lawyer

You need a real one... although I see that you're saying there are no funds for a lawyer...

What does the bolded part of this mean:

The father is prepared to file a motion to modify without her uncontested answer on this upcoming Monday.

Advice for the interim:

Look after the boy and remember that his best interests are what you're arguing for.

Always_Doubtful · 2013-07-19T22:09:09+00:00

i believe it can be classified as either child abandonment cause she refused to give up her location and modification of custody because she openly stated she gave it up.

He stands a fair stance i'd think he should talk to a lawyer and the judge dealing with the case and see if he can get full custody cause she openly violated the agreement.

Ging287 · 2013-07-19T22:24:16+00:00

/r/legaladvice

ragingpineapple · 2013-07-20T01:25:13+00:00

Chance? Sure. How much of one depends on jurisdiction, judge in their case, history and all of that. A good argument could be made that placement with the mother is not in the best interest of the child. The fact that she's living with 2 unknown men is not entirely relevant, unless you're trying to make the argument that men, and unknown ones at that, are inherently bad for the boy to be around. Also irrelevant is her other child. Unless we're talking 5th, 6th, 7th child with multiple fathers and all the poverty that's typically associated with it, than her ability to raise one child does not exactly prove whether she can or cannot raise her other child. You can, for instance, have one child removed from your home due to abuse and yet still have that child's siblings living in the same home. These details, unless proven to be outlandish and extreme, are typically seen as couples quarreling in the courtroom and taking cheap shots at each other. If you're lucky, you get a court that gets annoyed with that crap and puts a stop to it on both sides.

What is relevant is that the father has had the boy for X number of years (you didn't say, but assume 6 years or less), and that the mother's move outside of the school district prevents pre-enrolement into school this year. Courts generally don't screw around when it comes to school. It should have been modified to reflect the fact that the boy was living with the father before, but even still, ~6 years is hardly "temporary" by any reasonable definition.

Could file some emergency motions. The difference being that if the court deems it necessary to proceed with an emergency motion, they can proceed without the mother being present. Now, they won't just up and award the dad full on custody, but they can do things like, grant him temporary physical and legal given the situation, and agree to an injunction preventing the mother from taking off with the boy. Since you either don't know her address or have not had the time to vet the new location, it could be argued that until such time as the matter can be heard before the court, that the child stays with the father.

That would prove useful in retaining custody of the boy, since it would almost assuredly push back the hearing date into the middle of the school year, where again courts strongly prefer not to interrupt schooling without a damn good reason. Essentially lock the child into the school district until the end of the school year. That maneuvering can be easily abused (been there, done that), but in this father's situation? Totally acceptable imho. If the father has his life and finances in order, can show he's been providing a stable and safe environment, and show that the mother has not and cannot provide the same, then I'd say the father has a pretty good chance if it were to be heard by a court around here.

I, of course, am not a lawyer, and if at all possible the dad needs to seek one. Also, momma's word is never worth more than her signature on a court order, signed by a judge, and stamped by the court. Don't let the dad fall for verbal agreements again moving forward.

rightsbot · 2013-07-19T21:58:17+00:00

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Tarnsman4Life · 2013-07-19T22:49:45+00:00

Dont mess around with your kids, get a lawyer or your going to get screwed as a man in a custody dispute.

2013-07-20T00:00:52+00:00

I just found out that there is /r/mensrightslaw so you may want to post there too.

CaptainChewbacca · 2013-07-20T03:34:05+00:00

If he keeps providing a safe and happy home and she keeps not showing up, yeah, he's got a shot.

Crawldragon · 2013-07-19T22:14:02+00:00

This is probably the obvious "no shit" statement right now, but the mother is fucking crazy. Do not trust anything she says. Pass that on to your friend. Do not sugarcoat it for him.

Title	Help needed... Mother knowingly violates custody agreement and other such nonsense.
Author	[deleted]
Upvotes	11
Comments	20
Date	July 19, 2013 9:56 PM UTC (13 years ago)
Subreddit	Posted in /r/MensRights
Original Link	https://old.reddit.com/r/MensRights/comments/1inrlk/help_needed_mother_knowingly_violates_custody/
Archive Link	https://theredarchive.com/r/MensRights/help-needed-mother-knowingly-violates-custody.1168397 https://theredarchive.com/post/1168397

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