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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.
Disreguard the 1600Quote:
Originally Posted by koolbreeze73
We are in hall county where there is a standing order against leaving the state witout permission.Quote:
Originally Posted by GV70
LOL- That did not appear at your posts before...Quote:
Originally Posted by koolbreeze73
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.Quote:
Originally Posted by koolbreeze73
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. :)
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.Quote:
Originally Posted by koolbreeze73
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?
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".Quote:
Originally Posted by koolbreeze73
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.Quote:
Originally Posted by koolbreeze73
Of course and especially when you expect someone else to pay for your trips.Quote:
Originally Posted by AK lawyer
A deviation of 450 Still has her paying me 380$ a month.Quote:
Originally Posted by GV70
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.Quote:
Originally Posted by GV70
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
I guess, time will tell.Quote:
Originally Posted by AK lawyer
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.Quote:
Originally Posted by koolbreeze73
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?Quote:
Originally Posted by koolbreeze73
Can you expand on that? Did you go to court to find her in contempt?Quote:
Originally Posted by koolbreeze73
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.
Forget!Quote:
Originally Posted by koolbreeze73
No, Georgia does not allow it.Quote:
Originally Posted by AK lawyer
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.Quote:
Originally Posted by koolbreeze73
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 marriedQuote:
Originally Posted by ScottGem
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?Quote:
Originally Posted by koolbreeze73
Could be desertion but she hasn't been gone long enoughQuote:
Originally Posted by GV70
She did and no I didn't. I met her on a church dating site... go figureQuote:
Originally Posted by ScottGem
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 lateQuote:
Originally Posted by koolbreeze73
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.Quote:
Originally Posted by koolbreeze73
Right but that's nit the question I sas answering. Welfare fraud is a federal offenseQuote:
Originally Posted by GV70
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.Quote:
Originally Posted by GV70No, Georgia does not allow it.Quote:
Originally Posted by AK lawyer
...
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??Quote:
Originally Posted by GV70
And what was this attorney smoking?Quote:
Originally Posted by koolbreeze73
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 problemsQuote:
Originally Posted by AK lawyer
What I suggested about the lawyer(s) goes for the judge as well. :(Quote:
Originally Posted by koolbreeze73
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 MondayQuote:
Originally Posted by AK lawyer
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?Quote:
Originally Posted by AK lawyer
Was the judge made aware of the name issue? Did you report the name issue to WA social services?
I read it in this way:Quote:
Originally Posted by AK lawyer
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-suprem...t/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-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.Quote:
Originally Posted by koolbreeze73
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-
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/?? /Quote:
Originally Posted by koolbreeze73
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.
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.Quote:
Originally Posted by GV70
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.Quote:
Originally Posted by ScottGem
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.Quote:
Originally Posted by GV70
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