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koolbreeze73
May 22, 2012, 02:27 PM
My wife and I have been together for a yr. After she got pregnant she stopped taking her antidepressants. Ever since she has threatened to leave. Left once for a month pulling her kids out of school for a cross country trip. Now she is 4.5 weeks pregnant. And says she is done and refuses to work on us. She has 3 kids prior to our relationship that never had a father. 2 with same sperm donor and one with another jerk that's not even on the birthcertificate. She is going to take those 3 kids away from the only dad they have ever known as well as our unborn son. Would it be possible for me to file for custody and have it granted beforethe child is born? I live in GA with her at this time. But she may move to WAstate any day. She says kids don't need a dad. I disagree I am an awesome dad and have proved it many times over even with children that aren't my own. I do not want my son moved around from man to man and never have a daddy. I need help

Fr_Chuck
May 22, 2012, 02:55 PM
You can not get custody of a unborn child, you have to wait till the child is born to file for any custody. You will have to prove in court that she is unfit.

You will not have any rights to the other kids that are not yours

Also before you start talking to anyone at the court, get the term "spem donor" out of your usage, that is a person who gives sperm at a sperm bank

AK lawyer
May 22, 2012, 03:07 PM
...
You will not have any rights to the other kids that are not yours
...

Actually, at least some courts have adopted the "psychological father" theory to allow non-bio, non-adoptive parents to sue for custody. Check with an attorney in your jurisdiction to see if this concept might work there.

koolbreeze73
Jul 18, 2012, 06:35 PM
Determines jurisdiction in a divorce case?

GV70
Jul 18, 2012, 11:38 PM
There may have more than one answer. More info will help us.

AK lawyer
Jul 19, 2012, 05:07 AM
Determines jurisdiction in a divorce case?

This sentence is missing a subject. Should it be, perhaps, "what" or "who"?

JudyKayTee
Jul 19, 2012, 05:40 AM
Determines jurisdiction in a divorce case?

I suspect husband in Georgia, wife in Washington (State).

https://www.askmehelpdesk.com/family-law/can-good-father-get-custody-unborn-child-662553.html

GV70
Jul 21, 2012, 09:28 AM
Supreme Court of Georgia Bowman v. Bowman, 234 Ga. 348, 216 S.E.2d 103 -While parental rights are still intact, a third party can't get custody.

GV70
Jul 21, 2012, 09:29 AM
I suspect husband in Georgia, wife in Washington (State).

https://www.askmehelpdesk.com/family-law/can-good-father-get-custody-unborn-child-662553.html

So do I but I am not going to investigate it.

AK lawyer
Jul 21, 2012, 09:37 AM
I suspect husband in Georgia, wife in Washington (State).

https://www.askmehelpdesk.com/family-law/can-good-father-get-custody-unborn-child-662553.html

The link comes right back to this same thread. You gave us the runaround. :)

ScottGem
Jul 21, 2012, 09:38 AM
{threads merged} Please don't start multiple threads. If she leaves you can file for divorce in GA before she can establish residency in WA. This will help you file custody for you child. However, it might not help with the other children.

koolbreeze73
Jul 21, 2012, 09:42 AM
Actually, at least some courts have adopted the "psychological father" theory to allow non-bio, non-adoptive parents to sue for custody. Check with an attorney in your jurisdiction to see if this concept might work there.
She is 6 months pregnant with my son and has cut all communication. All I get from her is threats from ger mom. Neither one of them are mentally stable and have been and are involved in welfare fraud. We are still married, I live in ga and she has moved to wa state and filed for divorce within 3 weeks of getting there... in an effort to keep the child from having my last name and keep me out if the child's life

AK lawyer
Jul 21, 2012, 09:44 AM
I suspect husband in Georgia, wife in Washington (State).

https://www.askmehelpdesk.com/family-law/can-good-father-get-custody-unborn-child-662553.html

If that's the case, and OP/ husband resides in Georgia, the Georgia court would have jurisdiction over a divorce case against his wife. And such jurisdiction should be reserved until the birth of the child, at which time custody of any children of the marriage can be decided.

This is a permutation of the UCCJEA which I haven't seen before. Quite an interesting chicken & egg problem, actually. Because absent a divorce (such as the case where the parents are not married), if the mom gives birth in Washington, custody jurisdiction will be in Washington under UCCJEA.

ScottGem
Jul 21, 2012, 09:46 AM
Counter file in GA immediately (Monday morning). Claim that GA has jurisdiction since she has established residency in WA.

And get an attorney to do this

koolbreeze73
Jul 21, 2012, 09:46 AM
This sentence is missing a subject. Should it be, perhaps, "what" or "who"?yes what or who

AK lawyer
Jul 21, 2012, 09:46 AM
... she has moved to wa state and filed for divorce within 3 wks of getting there. ....

Ah. Nice plot twist. Most (or many) states have a durational residency requirement for divorce filings. I'm not sure if Washington is one of them.

Did her Washington divorce complaint indicate that she is pregnant by you?

koolbreeze73
Jul 21, 2012, 09:49 AM
Actually, at least some courts have adopted the "psychological father" theory to allow non-bio, non-adoptive parents to sue for custody. Check with an attorney in your jurisdiction to see if this concept might work there.
I am familiar with that concept. I am also thinking of that as well

koolbreeze73
Jul 21, 2012, 09:51 AM
{threads merged} Please don't start multiple threads. If she leaves you can file for divorce in GA before she can establish residency in WA. This will help you file custody for you child. However, it might not help with the other children.
She has not established residency, but the judge says he will grant her a divorce, but recommends her to do it all in Ga

koolbreeze73
Jul 21, 2012, 09:55 AM
Counter file in GA immediately (Monday morning). Claim that GA has jurisdiction since she has established residency in WA.

And get an attorney to do this

She actually hasn't established residency. She is still covered under Ga medicaid. She is on a lease here and only left on May 27th

koolbreeze73
Jul 21, 2012, 09:57 AM
She actually hasnt established residency. She is still covered under Ga medicaid. She is on a lease here and only left on May 27th
If I counter file in ga and she has the child in Wa state, where will custody be?

AK lawyer
Jul 21, 2012, 10:00 AM
... Most (or many) states have a durational residency requirement for divorce filings. I'm not sure if Washington is one of them.

Did her Washington divorce complaint indicate that she is pregnant by you?

Doesn't appear to be a durational residency requirement:



"RCW 26.09.020

Petition — Dissolution of marriage or domestic partnership, legal separation, or for a declaration concerning validity of marriage or domestic partnership — Contents — Parties — Certificate.
(1) A petition in a proceeding for dissolution of marriage or domestic partnership, legal separation, or for a declaration concerning the validity of a marriage or domestic partnership shall allege:
(a) The last known state of residence of each party, and if a party's last known state of residence is Washington, the last known county of residence;
(b) The date and place of the marriage or, for domestic partnerships, the date of registration, and place of residence when the domestic partnership was registered;
(c) If the parties are separated the date on which the separation occurred;
(d) The names and ages of any child dependent upon either or both spouses or either or both domestic partners and whether the wife or domestic partner is pregnant;
..." RCW 26.09.020: Petition ? Dissolution of marriage or domestic partnership, legal separation, or for a declaration concerning validity of marriage or domestic partnership ? Contents ? Parties ? Certificate. (http://apps.leg.wa.gov/RCW/default.aspx?cite=26.09.020)

AK lawyer
Jul 21, 2012, 10:05 AM
She actually hasnt established residency. She is still covered under Ga medicaid. She is on a lease here and only left on May 27th

I don't see a definition of residence in the Revised Code of Washington. In the absence of a definition, residence defaults to domicile, which in turn means the last place she was physically present with a simultaneous intent to make that state her permanent home.

I think this is probably what Washington law is. I went to law school in that state, and so was trained by Washington lawyers.

koolbreeze73
Jul 21, 2012, 10:10 AM
Ah. Nice plot twist. Most (or many) states have a durational residency requirement for divorce filings. I'm not sure if Washington is one of them.

Did her Washington divorce complaint indicate that she is pregnant by you?
Yes. And Washington has a 6 month res. Requirement. But she claims she never gave up her residency in wa state

AK lawyer
Jul 21, 2012, 10:22 AM
yes. And washington has a 6 month res. Requirement. ...

Ok. As I said, I was unable to find that. Do you have a link?

Please keep us posted. I'd be very interested how the UCCJEA issues get resolved. My guess is that Georgia will defer to Washington concerning custody, once the child is born. I think your Georgia attorney will need to connect with a Washington attorney regarding that case.

koolbreeze73
Jul 21, 2012, 10:27 AM
Ok. As I said, I was unable to find that. Do you have a link?

Please keep us posted. I'd be very interested how the UCCJEA issues get resolved. My guess is that Georgia will defer to Washington concerning custody, once the child is born. I think your Georgia attorney will need to connect with a Washington attorney regarding that case.
I was told that by their clerk of court. I had a lawyer file motion to dismiss and it wasn't

koolbreeze73
Jul 21, 2012, 10:31 AM
I was told that by their clerk of court. I had a lawyer file motion to dismiss and it wasnt
I wonder if I can file in Ga? Since they have jurisdiction over us both

ScottGem
Jul 21, 2012, 10:35 AM
This is getting very complex and you will need attorneys to sort it out. If the WA judge advised her to file in GA but didn't dismiss, it may because you hadn't filed. If you file WA may defer to GA.

AK lawyer
Jul 21, 2012, 10:36 AM
I wonder if i can file in Ga? Since they have jurisdiction over us both

Sure. But, if the court refused to dismiss, it appears that the clerk may have been mistaken about a 6-month residency requirement. So the question would be: what would be accomplished by filing in Georgia?

Also, with respect to your step-children, you probably should review this:

Chapter 26.10 RCW (http://apps.leg.wa.gov/RCW/default.aspx?cite=26.10) - Nonparental actions for child custody

koolbreeze73
Jul 21, 2012, 10:39 AM
This is getting very complex and you will need attorneys to sort it out. If the WA judge advised her to file in GA but didn't dismiss, it may because you hadn't filed. If you file WA may defer to GA.
If I file in Ga can I get in any trouble with it already filed up there?

koolbreeze73
Jul 21, 2012, 10:42 AM
Sure. But, if the court refused to dismiss, it appears that the clerk may have been mistaken about a 6-month residency requirement. So the question would be: what would be accomplished by filing in Georgia?
The judge said ga will handle custody and child support? I am confused too.

ScottGem
Jul 21, 2012, 10:46 AM
No you won't get in trouble by filing in GA And if the WA judge said that GA will handle custody and support, then you have to wait for the child to newborn and immediately file for custody. Unless you want to fight WA jurisdiction.

AK lawyer
Jul 21, 2012, 10:58 AM
No you won't get in trouble by filing in GA And if the WA judge said that GA will handle custody and support, then you have to wait for the child to newborn and immediately file for custody. Unless you want to fight WA jurisdiction.

It just seems, the more I think about it, that the UCCJEA is clear: if the child is born in Washington, Washington will be the home state, depriving the Georgia court of custody jurisdiction. Keep in mind that no court can make a custody order until after the child is born.

koolbreeze73
Jul 21, 2012, 11:03 AM
[QUOTE=ScottGem;3204182]No you won't get in trouble by filing in GA And if the WA judge said that GA will handle custody and support, then you have to wait for the child to newborn and immediately file for custody. Unless you want to fight WA jurisdiction.[/QUOTE
Child support is what she wants. But under ga law I can get a deviation for travel etc. And when I put that in the formula, it says she pays me 424$and a month?
The judge told her that getting divorced there won't help her and that it will make it worse on her.

ScottGem
Jul 21, 2012, 11:24 AM
Again, get a lawyer! But it seems the judge wants nothing to do with this, but doesn't know if he has legal grounds to throw it back to GA. So fight it.

GV70
Jul 21, 2012, 11:34 AM
It just seems, the more I think about it, that the UCCJEA is clear: if the child is born in Washington, Washington will be the home state, depriving the Georgia court of custody jurisdiction. .
Correct!


But under ga law i can get a deviation for travel ect. And when i put that in the formula, it says she pays me 424$and a month?
The judge told her that getting divorced there wont help her and that it will make it worse on her.

Yes, you can get a deviation but I am sure that you calculated it wrong. All that you may get is long distance parenting plan, which not allow you to travel to Wa four times a month.

koolbreeze73
Jul 21, 2012, 12:31 PM
Correct!


Yes, you can get a deviation but I am sure that you calculated it wrong. All that you may get is long distance parenting plan, which not allow you to travel to Wa four times a month.

The deviation was only for 1 trip per month

GV70
Jul 21, 2012, 01:13 PM
The deviation was only for 1 trip per month

LMAO- you are on SSI, aren't you?
Round trip from Atlanta to Seattle costs $ 450.

GV70
Jul 21, 2012, 01:19 PM
Who said that she is under obligation to pay the price for your trips?

GV70
Jul 21, 2012, 01:21 PM
Have a look here-you can see what you may expect:
http://www.fultoncountyoh.com/DocumentCenter/Home/View/86

koolbreeze73
Jul 21, 2012, 01:22 PM
LMAO- you are on SSI, aren't you?
Round trip from Atlanta to Seattle costs $ 450.

I work and have a good job, and custody of ny other 3 kids. I also only have one yr left of ot school. Rt on a schedule to seattle is 450you on sale. But not on weekends. Then there us a rental car3 days,2 days hotel, and food. I will not stay at a dump. And minimim hotel is at least 95$1600 a night, rental car 195$ weekend rt airfare 750-850

GV70
Jul 21, 2012, 01:22 PM
Additional Parenting Time:
a) Weekend: A once-a-month, weekend visit to the non-residential home will be permitted. The primary residential parent must be notified at least one week advance. The non-residential parent must bear the
transportation costs.
b) Father’s Day or Mother’s Day can always be spent with the appropriate parent subject to the visiting parent bearing travel expenses.

koolbreeze73
Jul 21, 2012, 01:23 PM
I work and have a good job, and custody of ny other 3 kids. I also only have one yr left of ot school. Rt on a schedule to seattle is 450you on sale. But not on weekends. Then there us a rental car3 days,2 days hotel, and food. I will not stay at a dump. And minimim hotel is at least 95$1600 a nite, rental car 195$ weekend rt airfare 750-850
Disreguard the 1600

koolbreeze73
Jul 21, 2012, 01:26 PM
Additional Parenting Time:
a) Weekend: A once-a-month, weekend visit to the non-residential home wilul be permitted. The primary residential parent must be notified at least one week advance. The non-residential parent must bear the
transportation costs.
b) Father’s Day or Mother’s Day can always be spent with the appropriate parent subject to the visiting parent bearing travel expenses.
We are in hall county where there is a standing order against leaving the state witout permission.

GV70
Jul 21, 2012, 01:30 PM
We are in hall county where there is a standing order against leaving the state witout permission.

LOL- That did not appear at your posts before...

AK lawyer
Jul 21, 2012, 01:35 PM
We are in hall county where there is a standing order against leaving the state witout permission.

Standing orders to not apply when neither party has invoked the court's jurisdiction. Since at the present time neither party has filed with the Georgia court, it's inapplicable.

Otherwise, last time I was in Georgia, and I didn't ask the court for permission to return to Florida, I'm in trouble? Don't think so. :)

koolbreeze73
Jul 21, 2012, 01:37 PM
We are in hall county where there is a standing order against leaving the state witout permission.

Doesn't matter really, I will file for full custody when the child is born. She has a track record of keeping dads away and is manic depressive and off her meds.
The father's of the other children have already committed to testify on how they are kept away. And not permitted visitation. They just don't have the funds to fight her in court. She doesn't even communicate with them she has her mom call and rake them out. What am I supposed to do? In order to go once a month I will have a crao load if expense and miss at least a day if work. I live kids and think they all deseeve a dad. I volunteer at the masonic home in macon ga and do all types of volunteer work for children. I take my kids to evsry dr /divorce dentist appt. Every parent teacher conference and help with their home work as well as her children when they were here. Member of national honor society at college level, and a disabled american veteran.
What are my real options for my child to have a father?

GV70
Jul 21, 2012, 01:46 PM
What are my real options for my child to have a father?

Good, but not before the child is born.It is almost unheard a father to be designated as the primary PHYSICAL custodian of a breastfed baby without proving the mother as UNFIT, but it means she will lose her other children and probably CPS will be involved, which is all but not good for all involved parties-TRUST ME! You have to wait a little... let the child be two or three year old and then you may file for physical custody based on "The best interest of a child".

AK lawyer
Jul 21, 2012, 01:47 PM
... What am i supposed to do? In order to go once a month i will have a crao load if expense and miss atleast a day if work. ...

Once a month for cross-country visitation isn't a realistic option if your economic situation is such that you have to worry about missing a day of work. Either plan on relocating to Washington, getting custody, or getting a visitation schedule in which you have the child(ren) in Summers and perhaps some other major holidays.

GV70
Jul 21, 2012, 01:53 PM
Once a month for cross-country visitation isn't a realistic option..

Of course and especially when you expect someone else to pay for your trips.

koolbreeze73
Jul 21, 2012, 02:01 PM
Of course and especially when you expect someone else to pay for your trips.
A deviation of 450 Still has her paying me 380$ a month.

koolbreeze73
Jul 21, 2012, 02:16 PM
Good, but not before the child is born.It is almost unheard a father to be designated as the primary PHYSICAL custodian of a breastfed baby without proving the mother as UNFIT, but it means she will lose her other children and probably CPS will be involved, which is all but not good for all involved parties-TRUST ME! You have to wait a little...let the child be two or three year old and then you may file for physical custody based on "The best interest of a child".
So I don't have any options basically at this time? Her proposed parenting plan doesn't alliw the child to leave the state until 16.
Breast milk and a severely depressed mother /d caretaker? Or a mother on her meds, using formula, and able to take care of a newborn, and 3 yr old a 8 yr old
And 10 yr old all in a two bedroom double wide. EITHER way my son is screwed out there. Where they break federal laws, keep dads away and talk bad about the dads to the kids. He will never have stability, or be taught morality or anything else.
Aa far as the money goes, I am debt free, perfect credit, and missing a day of work won't hurt me, but it remains that in oder for me to be a dad and give my son the chance at having a father it will cost me an extra house payment a month because she quit her meds without being under a doctors care and moved cross country? Nothing about that is right. Furthermore it seems really backwards when there was no reason whatsoever for divorce other than her mother brainwashing her and continually calling me making threats. What I thought was the woman if my dreams is a freakin nightmare.
One huge mistake.
I should have seen it coming

koolbreeze73
Jul 21, 2012, 02:21 PM
Standing orders to not apply when neither party has invoked the court's jurisdiction. Since at the present time neither party has filed with the Georgia court, it's inapplicable
Otherwise, last time I was in Georgia, and I didn't ask the court for permission to return to Florida, I'm in trouble? Don't think so. :)
I guess, time will tell.

AK lawyer
Jul 21, 2012, 02:46 PM
So i dont have any options basically at this time? ...

Sure you do. Aggressively litigate custody, with respect to the step-children now (if Georgia allows it; remember, for them, the UCCJEA clock is ticking); and for the unborn child, in Washington, when he is born.


... EITHER way my son is screwed out there. Where they break federal laws, ...

Everybody breaks federal laws, from the president and attorney-general, on down. But which breakage are you referring to? Did your wife break federal laws?

ScottGem
Jul 21, 2012, 02:48 PM
We are in hall county where there is a standing order against leaving the state witout permission.

Can you expand on that? Did you go to court to find her in contempt?

DO YOU HAVE AN ATTORNEY??

You have options. They may not be many or great but you have them. But in this situation you need a good lawyer to find all your options and work at getting the best for your child and you. Don't give up because of what we tell you. We can cite the law and reference our experience, but we aren't on the front line. We don't know the whole story.

But I do have to agree that you should have seen this coming. I don't know what possessed you to marry this woman with such a history.

GV70
Jul 21, 2012, 03:32 PM
a deviation of 450 still has her paying me 380$ a month.

Forget!

GV70
Jul 21, 2012, 03:34 PM
Sure you do. Agressively litigate custody, with respect to the step-children now (if Georgia allows it

No, Georgia does not allow it.



. Where they break federal laws, keep dads away and talk bad about the dads to the kids.

Would you like to cite where moving away is breaking the federal laws? I have never seen such a law in my 27 years of experience.

koolbreeze73
Jul 21, 2012, 03:40 PM
Can you expand on that? Did you go to court to find her in contempt?

DO YOU HAVE AN ATTORNEY???

You have options. They may not be many or great but you have them. But in this situation you need a good lawyer to find all your options and work at getting the best for your child and you. Don't give up because of what we tell you. We can cite the law and reference our experience, but we aren't on the front line. We don't know the whole story.

But i do have to agree that you should have seen this coming. I don't know what possessed you to marry this woman with such a history.
I HAVE ONE IN WA but not here yet. I do have one on standby. When I met her I was led to believe they were deadbeat dads, "that not hard to believe in this day." And was really unaware of the mental issues before we were married

ScottGem
Jul 21, 2012, 03:42 PM
I HAVE ONE IN WA but not here yet. I do have one on standby. When i met her i was led to believe they were deadbeat dads, "that not hard to believe in this day." And was really unaware of the mental issues before we were married

Who "led you to believe". How long were you together before you wed? Did you do any research to confirm what you were led to believe?

koolbreeze73
Jul 21, 2012, 03:45 PM
No, Georgia does not allow it.



Would you like to cite where moving away is breaking the federal laws? I have never seen such a law in my 27 years of experience.
Could be desertion but she hasn't been gone long enough

koolbreeze73
Jul 21, 2012, 03:47 PM
Who "led you to believe". How long were you together before you wed? Did you do any research to confirm what you were led to believe?
She did and no I didn't. I met her on a church dating site... go figure

koolbreeze73
Jul 21, 2012, 03:51 PM
I HAVE ONE IN WA but not here yet. I do have one on standby. When i met her i was led to believe they were deadbeat dads, "that not hard to believe in this day." And was really unaware of the mental issues before we were married
Thing is I have 3 children here that I have all the time. And I do not want to waste money if it is a losing battle. And these people although they don't look it, act like trash. I guess that is the worse kind. You never know it until its too late

GV70
Jul 21, 2012, 04:03 PM
Could be desertion but she hasnt been gone long enough

In the family law DESERTION means only ground for divorce in the states where fault divorces are allowed./ or as ABANDONMENT of a child as a ground for TPR/. It is not breaking the federal laws.

koolbreeze73
Jul 21, 2012, 04:17 PM
In the family law DESERTION means only ground for divorce in the states where fault divorces are allowed./ or as ABANDONMENT of a child as a ground for TPR/. It is not breaking the federal laws.
Right but that's nit the question I sas answering. Welfare fraud is a federal offense

AK lawyer
Jul 21, 2012, 04:25 PM
Sure you do. Agressively litigate custody, with respect to the step-children now (if Georgia allows it; remember, for them, the UCCJEA clock is ticking); and for the unborn child, in Washington, when he is born.

...

No, Georgia does not allow it.
...

OK. But the statutes I referenced earlier suggest that Washington does allow it. So ask for custody of the step-children in Washington or 6 months months after they arrived there, when Washington becomes their "home state", and of the unborn child when he is born.

koolbreeze73
Jul 21, 2012, 04:27 PM
No, Georgia does not allow it.



Would you like to cite where moving away is breaking the federal laws? I have never seen such a law in my 27 years of experience.
Moving away isn't breaking a law, unleaa I coild have had her served before she left. Then it wouldhave been contempt only. But since I couldn't file, "that hall county makes you wait to see a family law center before you file unless you get a lawyer 4k $ and I wasn't sure about anyof this and was unaware od the order until after she was gone. The first time they had an open slot for the family law office was July 24and at1 pm. Does me no good now. Should have acted sooner but didn't know what was happening until she served me from Washington 3 weeks after she left. I had talked to an attorney and was advised to wait to file until aug or sept. Because she had no residency and because I loved her and was blind. He said don't file until Sept because that way, the baby woild be a part of the divorce??

AK lawyer
Jul 21, 2012, 04:42 PM
... I had talked to an attorney and was advised to wait to file until aug or sept. Because she had no residency and ... He said dont file until Sept because that way, the baby woild be a part of the divorce? ??

And what was this attorney smoking?

koolbreeze73
Jul 21, 2012, 04:54 PM
And what was this attorney smoking?
I talk to an attorney In Washington state that I ended up hiring And prior to that I had talked to 1 in Georgia that I planned to hire They both told me the same thing They said that the statues in Washington state Would prevent her from filing. So then I talked to the ga lawyer. And he said no rush id it takes 6 months for residency. Washington had no jurisdiction. And no personal jurisdiction. So I waited. Then within 2 days was served. We had the heating for jurisdiction Friday and the judge told her he can give her a divorce there but that WA state has no jurisdiction over me. And none over the baby until 6 months . He said she should do it all in Ga or it could cause big problems

AK lawyer
Jul 21, 2012, 05:03 PM
... We had the heating for jurisdiction friday and the judge told her he can give her a divorce there but that WA state has no jurisdiction over me. And none over the baby til 6 months . He said she should do it all in Ga or it could cause big problems

What I suggested about the lawyer(s) goes for the judge as well. :(


If the Washington court has jurisdiction to grant the divorce, and you were properly served with process, it does have jurisdiction "over" you.

It doesn't have "jurisdiction" to award custody of the baby until the baby is born. I don't have a clue what he meant about 6 months. If the judge was referring to the UCCJEA, the six months doesn't apply with respect to an unborn baby. The moment the baby is born, the forum state (Washington) has jurisdiction.

Did the judge give any hint what he meant by saying that "she should do it all in Ga or it could cause big problems"?

koolbreeze73
Jul 21, 2012, 05:19 PM
What I suggested about the lawyer(s) goes for the judge as well. :(


If the Washington court has jurisdiction to grant the divorce, and you were properly served with process, it does have jurisdiction "over" you.

It doesn't have "jurisdiction" to award custody of the baby until the baby is born. I don't have a clue what he meant about 6 months. If the judge was referring to the UCCJEA, the six months doesn't apply with respect to an unborn baby. The moment the baby is born, the forum state (Washington) has jurisdiction.

Did the judge give any hint what he meant by saying that "she should do it all in Ga or it could cause big problems"?
What he said was he can give her a divorce with or without me being there. I plan to ask the lawyer on Monday

koolbreeze73
Jul 21, 2012, 07:39 PM
What I suggested about the lawyer(s) goes for the judge as well. :(


If the Washington court has jurisdiction to grant the divorce, and you were properly served with process, it does have jurisdiction "over" you.

It doesn't have "jurisdiction" to award custody of the baby until the baby is born. I don't have a clue what he meant about 6 months. If the judge was referring to the UCCJEA, the six months doesn't apply with respect to an unborn baby. The moment the baby is born, the forum state (Washington) has jurisdiction.

Did the judge give any hint what he meant by saying that "she should do it all in Ga or it could cause big problems"?
How can I file custody for a child when I am not included and have been cut off from communication? 1. I don't even know what the name will be. 2. I will not be notified of the birth and 3. She filed for a divorce under her old name of which she is now getting medicaid in Washington under. Her marries name/ legal name appears no where on the papers and that name is the name that she received medicaid in Ga under, filed taxes under etc... the one yhay is on her ss card. Can she file under a name other than her legal name?

ScottGem
Jul 21, 2012, 07:43 PM
Was the judge made aware of the name issue? Did you report the name issue to WA social services?

GV70
Jul 22, 2012, 12:18 AM
OK. But the statutes I referenced earlier suggest that Washington does allow it. So ask for custody of the step-children in Washington or 6 months months after they arrived there, when Washington becomes their "home state", and of the unborn child when he is born.

I read it in this way:
RCW 26.10.160(3)

Any person may petition the court for visitation rights at any time including, but not limited to, custody proceedings. The court may order visitation rights for any person when visitation may serve the best interest of the child whether there has been any change of circumstances.

RCW 26.09.240

(1) A person other than a parent may petition the court for visitation with a child at any time or may intervene in a pending dissolution, legal separation, or modification of parenting plan proceeding. A person other than a parent may not petition for visitation under this section unless the child's parent or parents have commenced an action under this chapter...

(3) A petition for visitation or a motion to intervene pursuant to this section shall be dismissed unless the petitioner or intervenor can demonstrate by clear and convincing evidence that a significant relationship exists with the child with whom visitation is sought...

(4) The court may order visitation between the petitioner or intervenor and the child between whom a significant relationship exists upon a finding supported by the evidence that the visitation is in the child's best interests.

In sum, these statutes allow for any third party to petition for visitation with any child involved in any family law proceeding; and such visitation shall be granted upon a requisite showing of a significant relationship between the petitioner and the child, and that said visitation is in the child's best interest.

Under In re Parentage of M.F.. / http://caselaw.findlaw.com/wa-supreme-court/1520270.html / the Washington Supreme Court has acknowledged a limited common law or "equity" right of third party visitation if the petitioner can meet the standard of "de facto" parent. The announced test for de facto parentage is that a person who has fully and completely undertaken a permanent, unequivocal, committed, and responsible parental role in the child's life, may petition for de facto parent status, the elements of which are: (1) the natural or legal parent consented to and fostered the parent-like relationship, (2) the petitioner and the child lived together in the same household, (3) the petitioner assumed obligations of parenthood without expectation of financial compensation, and (4) the petitioner has been in a parental role for a length of time sufficient to have established with the child a bonded, dependent relationship, parental in nature.
Oooopsss-
My wife and I have been together for a yr.
Under Subsection 26.10.030 of the Revised Code of Washington, such an action may only be initiated if the child is not living with either parent. If a child is living with a parent, then the third party seeking custody must prove that neither parent is fit to care for the child in order to start a legal action.
In re M.F. a six-member majority from The Supreme Court of Washington ruled that a stepparent cannot be a de facto parent. And that a court must decide whether the de facto parentage doctrine applies before applying the factors used to determine if someone is a de facto parent. The court found that it could not apply to a step-parent, at least not when the child already has two legal parents.


That was the reason for me/ similar in GA/ when I said that CPS would be involved and it may lead to all children to be placed in foster care. That's the way the system works.



AK lawyer- I assume you did not catch the clue-

... it says she pays me 424$and a month... a deviation of 450 Still has her paying me 380$ a month.
The OP wants rights but he expects to be paid to exercise his rights. Even if he prevails for step-parent visitation, he will have to pay to exercise it and that is what that OP does not like to hear never more! The OP thinks he is entitled to get what he wants to get notwithstanding all other conditions.And even more- moving away breaks federal laws/?? /
I think you will agree with me that visitation schedules must be arranged by the parents. If that is not possible then the court will arrange a schedule and the parties must follow it.
When a parent resides a great distance from the other parent, different factors must be addressed to provide visitation. The issues involve considerations of age of the child(ren), distance, manner and cost of transportation, and other considerations unique to each parent.

ScottGem
Jul 22, 2012, 05:19 AM
AK lawyer- I assume you did not catch the clue-

The OP wants rights but he expects to be paid to exercise his rights. Even if he prevails for step-parent visitation, he will have to pay to exercise it and that is what that OP does not like to hear never more! The OP thinks he is entitled to get what he wants to get notwithstanding all other conditions.And even more- moving away breaks federal laws/???/


In the OP's defense here. It was not his decision to run away with the children to the other corner of the country. I don't think it is unreasonable, since the mother spirited away the children, to be compensated for the costs of visiting them.

Whether the law agrees or not, I don't think the OP should be faulted complaining about what it would cost.

GV70
Jul 22, 2012, 08:29 AM
In the OP's defense here. It was not his decision to run away with the children to the other corner of the country. I don't think it is unreasonable, since the mother spirited away the children, to be compensated for the costs of visiting them.

Whether the law agrees or not, I don't think the OP should be faulted complaining about what it would cost.

It is not about what it would cost but what he should expect.

koolbreeze73
Jul 22, 2012, 08:43 AM
It is not about what it would cost but what he should expect.

Fact the mother is not interested in the best interest of any of her children. It us merely impossible for the child to have, enjoy, and depend on a father a daddy... the child should not be forced to suffer for the mistakes of his mother. Realisticly, at bare minimum it will cost me 1000$ plus for one visit... that only entails 16 hrs according to her parenting plan. The whole situation is wrong... I am wasting my time and there is realisticly nothing I can do to be a part of my child's life.