Wife moving out

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Re: Wife moving out

Postby jumbledone » Tue Jun 12, 2012 4:40 pm

carledwards wrote:What good would it do? She'd just delay it until we got home. She's instructed not to move out w/o kid, else it's abandonment.


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Re: Wife moving out

Postby carledwards » Tue Jun 12, 2012 4:50 pm

Just trying to be realistic, and also stay within the law,
and not look bad in the eyes of the judge.
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Re: Wife moving out

Postby RC411V » Tue Jun 12, 2012 5:15 pm

Do you know your judge yet? Again, what do you think 'the law' is on this, is there something written in an order? The law says that parents are equally responsible for their kids, so if you do your best to take care of them, the judge will be on your side. Keeping them safe, secure and stable in their home is good for them. Are you a good parent? Or is your wife better and you agree she should take them? If you do, help her move the stuff out and find a place where the kids won't have to see you every day. The judge will see that you have the kids' interest in mind; they should be with their mom, not their dad.
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Re: Wife moving out

Postby carledwards » Tue Jun 12, 2012 7:34 pm

We have equal rights to the child until there's an order in place.
I can't stop her from taking her, and if I managed to, she'd just take
her at her next opportunity, and it'd be within the law, as long as
she provided me < parenting time >.

I thought ex parte didn't require the other side to be present? Not sure why the emergency custody hearing is being rescheduled if the opposing attorney can't be present?
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Re: Wife moving out

Postby HammerDad » Thu Jun 14, 2012 4:17 pm

carledwards wrote:We have equal rights to the child until there's an order in place.
I can't stop her from taking her, and if I managed to, she'd just take
her at her next opportunity, and it'd be within the law, as long as
she provided me < parenting time >.

I thought ex parte didn't require the other side to be present? Not sure why the emergency custody hearing is being rescheduled if the opposing attorney can't be present?


And you would be equally capable of keeping the child when you next have them.

Should she try to remove the child with a motion pending, she would be in for a world of hurt by the judge. Further, should she remove the child you file an emergency motion for the child to be returned to the matrimonial home.

While she can leave with the child, you can equally take the child back and then probably refuse her parenting time on the basis that she attempted to change the residence of the child without your consent. Now, that isn't the best of scenarios for anybody.

But just do what you can to keep the child in the house. have her notified that you do not consent with her removing the child from the matrimonial home, then radio silence and stay close to your kid.
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Re: Wife moving out

Postby carledwards » Fri Jun 22, 2012 8:47 am

It's been a stressful week. Emergency custody was denied at hearing.
I took my D on vacation while W moved out. Had pendente lite that
was reclassified as emergency custody, and very little time was given
to attorneys to argue and us to provide testimony. Judge was PO'ed
and gave us alternating 2 weeks physical until the scheduling conference.
Tell me this is good news please?
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Re: Wife moving out

Postby Fatheroffour » Fri Jun 22, 2012 8:52 am

Alternating 2 weeks means 50/50 custody.

Most times that is a win so the strategy would be to stall and prolong the next few phases of court battles while dad made sure the arrangment worked and the child thrived under his care. That way when it's time to walk into court he can say/prove/demonstrate the situation should remain the same. Sometimes, dad can also show proof that kiddo does well under his care while the child isn't doing as well under moms. That would make his case for even greater custody.

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Re: Wife moving out

Postby carledwards » Mon Jun 25, 2012 11:58 am

It's been a little tough adjusting without my daughter in the house, but we've been
texting and calling daily.

I haven't gotten a copy of the temporary order yet, and I don't think the
day camp she attends has either. Is there any reason why I can't visit her
before her M picks her up? And would it be a good idea to prove my wish
to see my daughter as much as possible, as long as the camp lets me?
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Re: Wife moving out

Postby Fatheroffour » Mon Jun 25, 2012 12:02 pm

Why would the camp get a copy of the decree?

Why would they be respponsible for rnfoprcing it ?

Why would they keep you away from your child?

(They shouldn't is the answer to all threeL
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