[andrew.kretz]

My wife had sole legal custody of her daughter from the state of NY. The state took her daughter from her and she lost all custody and received just barley visitiation. They took her on the following grounds: We got married and moved because I am in the Army, they said that she should have known that she was to notify the courts of the move, however, it was not in any of her court documents and she wouldn't know this because she did not go to law school and no one told her when they got their divorce. This court case was to take place originally in Feb 05, but they moved the court case due to the fathers lawyers wife having surgery. We had spent our money already to go up to NY from KY. After we returned she was informed by mail that the case was moved to March due to his lawyers wife needing surgery. Myself and my wife wrote a letter to the courts explaining that we would not be able to attend on that date due to not having the funds, me being in the Army and we also had two other children in school at the time that they wanted to go on ahead with the court date. The refused her this request and went on without even sending her a letter or phone call stating that the case would go on. Her court appointed attorney did not even bother to let her know until a day or two prior. She found out more from her ex husband then she did the courts or her court appointed attorney. She could not get to the court for this case, so her attorney asked to be removed from the case since she wa not there. The judge agreed and they went on without her being there or without her having any legal representation. So without any of that they took her daughter away. There is a lot more to this case than what I have wrote. She ha two other boys with this man who the courts have also took from her. She is not a bad mother, never had any wrong doings in her life nor every time her ex called DSS did they have any complaints about her. We have only been married over a year and I am now deployed over in Iraq, doing my best to help her out while I am over here. But she continues to go to the courts in NY and they continue to treat her badly. She had a child support case that she filed and her ex husband did not show up so they did not proceed. So I am seeing how unjust the system up there is towards her, whether it is because she is a female, hispanic or some other reason. She has lost three children in the state of NY and when she had custody of all three the state only required for her ex husband to pay less than $100 a month for child support. And he still owes her back support for over $2000. He allows other people to claim his children on his taxes, he continues to state that he has no job. I mean the list just goes on and on. I am desperatley seeking some help from this situation. If he was a good man and father I wouldn't care, but he is not a good man nor a father. He continue to lie in court and abuse those children and no one, not even the law guardian or judge has spoken with the children even though my wife has requested more than ten times. DSS got involved and one county wrote that the kids should not be able to go back to his house, but since it was in a different county they had to refer it back to the county they live in. It took the home county over 40 days to see these kids. I know that he and his girlfriend had plenty of time to feel their heads with lies and threats. They already have her 5 yo daughter calling her mommy the "B" word. Sorry that this is so long but I need some help. Thank you, Andrew

[Fr_Chuck]

Yes, it is expected that everyone knows they can not move out of state with children without the courts permission. The courts look at this as very disresptful. Next is not NY that is taking the children?? Is it not the state where the court is that is making the court orders.

But she has to appear in court, no matter what, if that meant moving back there and living with friends for a few months, if you miss a court date, and did not get a motion to continue granted, then they go on without you and you lose. Happens all the time.

That is how people with a lot of money always win court cases, they keep taking you back to court and back to court until the other side runs out of money and can't afford an attorney and so on.

And in divorce that is how one side often wins over the others, the get the one side without any money and sue so that they win everything they want.

She has to at this point, hire an attorney, go back to court where this court action happened and ask for custody of the children back. It will take a lot of time and money and she will have to make every court date no matter what.