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    mssara43's Avatar
    mssara43 Posts: 1, Reputation: 1
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    #1

    Oct 19, 2012, 12:00 AM
    Getting children back to the state.
    My daughter and soon to ex son law, were separated. During the separation he moved out of state (military). My daughter and him agreed the children could go live with him for a period of 4 months. There is a signed letter stating it was for a visit and the children would be returned. He has now filed for divorce and refuses to let the children come home. My daughter recently filed for a pyshical placement hearing. However we are worried the court will decide the kids can stay with him . My daughter has been the main care giver to her children. He actually in the last 3 yrs has only spent approx 6 months with them. He did have the choice many times to stay out of the military and stay home and be a family, he refused. He actually found someone , out of state. This women has children and she is not allowed to take them out of state therefore she insists on them all being one happy family. What do you believe my daughters chances are of getting her children back. We are all devastated and hear broken. My daughter is going insane at the thought of not seeing her children again.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Oct 19, 2012, 02:38 AM
    There is no way to predict what a judge will do especially on such scanty information. However, I think her chances are pretty good. The fact that she has proof this was only supposed to be a visit is a key factor. Courts don't like people who sign an agreement then renege on it.

    Does the father have an attorney? Your daughter really needs one, especially if he has one. Going up against an attorney without one puts her 2 strikes down.

    Was there any court action in your daughter's state prior to his filing for divorce? How long were the children with the father before he filed. Its possible your daughter can have the venue changed to her state, if the children haven't established residency.

    ANY question on law needs to include your general locale as laws vary by area.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
    		  
    #3

    Oct 19, 2012, 01:44 PM
    How long had had he been living in his new location before he filed for divorce? Also how long was it before your daughter filed for placement?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Oct 19, 2012, 01:47 PM
    Did he file for divorce in his state or in hers?
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