| T.R | Title | User | Personal
Name | Date | Lines |
|---|
| 89.1 | | AIMHI::RAUH | Home of The Cruel Spa | Tue Oct 02 1990 10:56 | 8 |
| Well the best thing to do is to go to Franklin Pierce College and start
boning up on the laws and court cites of past success. The courts seem
to favor the party who reps himself and sounds like he/she has a brain
inside their head. I have been doing the same. I live in Souther N.H.
and Concord N.H. is a long drive for a evening call. Funny I have a
Julie for a ex too.
George
|
| 89.2 | | SQM::MACDONALD | | Tue Oct 02 1990 13:02 | 13 |
|
In just such a discussion, my lawyer told me that if the move has a
sensible reason behind it then stopping it is a crap shoot. Moving to
D.C. with her new husband would probably satisfy the court as
reasonable. Can't comment on the comments about whether she misled the
Guardian ad Litem. I would, however, as well as pursuing some way of
preventing this not overlook the need to come up with a reasonable fall
back position if she wins i.e. how will visitation be conducted? who
will pay for traveling expenses? etc.
fwiw,
Stgeve
|
| 89.3 | | AIMHI::RAUH | Home of The Cruel Spa | Tue Oct 02 1990 13:38 | 2 |
| But there maybe something that can be done later with some knowledge.
And some suport. Got to start some place.
|
| 89.4 | | POCUS::NORDELL | | Wed Oct 03 1990 07:20 | 20 |
| This is certainly closing the barn door after the horse has escaped but
for anyone reading this conference who has not finalized their divorce,
I (we) had a clause in our papers that says I am the custodial parent
although we have joint-custody but the first parent to move more than
50 miles out of the radius of the marital home (my ex keep the house
and bought me out) would relinquish custody to the other parent. This
kept both of us in the area for quite some time. He eventually took a
promotion and transfer to Canada after six months of soul searching and
my promise to continue the close contact/relationship he has with his
daughter.
Our primary question when determining living arrangements is and
always has been:
"WHAT IS BEST FOR JANE"
I wish you luck.
Susan
|
| 89.5 | Two things you need (IMO) | IAMOK::GRAY | Follow the hawk, when it circles, ... | Wed Oct 03 1990 10:47 | 31 |
|
Married and pregnant in 5 months. It sounds like you've been
snookered. The last time I talked to a lawyer about this, he
said:
- You can't restrict the woman from leaving the state,
that would be Kidnaping, you can only prevent the
child from leaving.
- Because the divorce is so recent (mine was May 31, 1990)
the court is reluctant to change custody unless there is
a "clear and present danger" to the minor child.
In my opinion, you should go to court quickly (represent yourself
if you must) and ask for at least two things:
- Ask the NH Courts to state that they will retain
jurisdiction over the case regardless of where either party
resides. The reason is that if she keeps moving around,
the courts in each state will argue over who has
jurisdiction and you will never get anything done.
- Ask for some adjustments to visitation and child support in
consideration of the expense and distance involved. She
should pay to get the child to you, or you should pay less
for support if you have to pay for travel, etc.
Good luck, and keep us posted. Some of us are working the same
issues.
Richard
|
| 89.6 | RE: .2 .5 | BOSOX::WILSON | | Thu Oct 04 1990 05:40 | 14 |
| RE: .2 .5
Thanks for the input. I am most likely going with that advice.
The ex is willing to accept less support in consideration of reduced
visitation and allowing the child leave the state with no hassles.
Certainly, this is not the best option for myself or my child, but
having already dealt with this court system, it is probably better
to work out the best possible agreement on our own and have it blessed
by an attorney and the court system. This new husband will probably
be my daughter's role model for the next 15 years so I may as well get
started on the right foot.
Thanks,
Gary
|