 |
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
| All times are GMT -7. The time now is 02:25 PM. |