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Any Lawyers on the board?????

Discussion in 'BBS Hangout' started by Samurai Jack, Feb 21, 2009.

  1. Samurai Jack

    Samurai Jack Member

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    Hey Guys and Gals,
    Quick question for any lawyers on the board. With out getting into the details, I wife is acting a little weird and I think she will attempt to take my 3 children out of state with her to Maryland. ( We are not divorced)
    What’s rights as the father do I have, and how can I prevent this from happening.
    Any advice would be greatly appreciated.
    Thanks,
    Jack
     
  2. bejezuz

    bejezuz Member

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    You should consider speaking to a family law attorney. Your situation sounds complicated, and I'm not sure there's a clear cut answer for you.
     
  3. El_Conquistador

    El_Conquistador King of the D&D, The Legend, #1 Ranking

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    Is locking her in your basement until she cools off an option?
     
  4. VooDooPope

    VooDooPope Love > Hate

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    Get a lawyer and get one now. Once the kids are gone it will be much harder.
     
  5. rocketman1979

    rocketman1979 Contributing Member

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    your a samurai, you'll know what to do.
     
  6. TheBigAristotle

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    I would second locking her in the basement. She'll usually snap out of it with food deprivation and occasional sips of water.

    I mean, erm. Just the basement.
     
  7. rocketman1979

    rocketman1979 Contributing Member

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    and while she's in the basement do a reenactment of 9 1/2 weeks. She won't leave after that. :D
     
  8. Refman

    Refman Member

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    This guy is right.

    See a lawyer, and do it BEFORE she leaves with the kids. THIS IS CRITICAL!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
     
  9. Samurai Jack

    Samurai Jack Member

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    I have some time, I guess for now I will feel her out and try and figure out what her exact motives are.

    I just wondering if I can get a court order for the kids not leaving the state without filling for divorce?????
     
  10. Asian Sensation

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    haha well played
     
  11. Master Baiter

    Master Baiter Member

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    This is the wrong thing to do. It's what I did and I spent $15k battling jurisdiction and didn't see my kids for 9 months. Go to a family law attorney this second. Do not wait. Do not feel things out. THAT IS THE WORST THING YOU CAN DO.

    She has a right as a parent to take the kids and there is NOTHING you can do about that This is why it is imperative that you act first. I'm not a lawyer but this is how I believe it works. You will file first and in that you will ask for a domicile restriction to be put into place. I guarantee you that you do not want to battle this thing across state lines. It is the most horrible experience that I have ever been through.

    I finally won but I still had to go through the war and it was exactly that, a war.
     
  12. Pimphand24

    Pimphand24 Member

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    I'm not a lawyer but you should do as suggested and see a lawyer immediately. Your children are worth more than a lawyer's fee so stop dragging your feet.
     
  13. yo

    yo Member

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    Maybe you should stop doing whatever it is that is causing her to want to take your 3 kids with her to Maryland.
     
  14. Master Baiter

    Master Baiter Member

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    Wow, way to judge someone about a situation that you know nothing about. *******.
     
  15. giddyup

    giddyup Member

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    Photocopy and highlight the page of the dictionary with KIDNAP on it and leave it on her car seat
     
  16. Master Baiter

    Master Baiter Member

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    If she lets you know where she is, it is not kidnapping. They are her kids just as much as they are his. She can run off with them as long as she let him know within a certain amount of time where they are.
     
  17. Vivid

    Vivid Member

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    Short answer is sort of. You can file an injunction but you'll need more than "she is acting weird." However, if she goes, you also have to consider that being in Maryland means she could file a diversity suit against you up there. That means you would have to travel if you are served. Burnham v. S.C. 495 U.S. 604, is a good example of this happening (woman leaves man with kids to California, they were living in NJ, after some marital problems and files for divorse). Now technically the laws state that she can't serve you unless there is some sort of "jurisdiction," ie. you go to Maryland. If you don't that would mean not seeing your kids (if it is serious). Either way, if you want to win custody you will have to do it on her turf if she leaves with the kids. This is not only bad for obvious reasons (money, expense, travel, work), there is also a precedent for courts siding in favor of the plaintiff in a diversity trail (and there is also an understanding that women often get the benefit of the doubt for summary judgment ie. facts of the case will be seen in the most favorable light for your wife). I think you have the right idea. Find out what is going on and if a divorse is what is necessary, try to handle it locally. Once she goes, you have little chance of gaining a majority on custody. If you talk it out now figure out what's up maybe you can work things out. Most importantly, it avoids having to put your kids in the middle of what could be a long and engaging legal process. My 2 cents, communication is key.
    -V
     
  18. Dubious

    Dubious Member

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    That post was so complicated I couldn't even read it. All I saw was "divorse"

    I would refer you to Miss Tammy Wynette.
     
  19. RKREBORN

    RKREBORN Member

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    Try taking to her?
     
  20. Mulder

    Mulder Member

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    If she leaves and you file for divorce, Texas can use a long arm statute to keep jurisdiction here. Just make sure that you are the first to file. If you file for divorce the atty that represents you will also file a SAPCR (Suit Affecting the Parent Child Relationship). All the custody and child support issues will be included in that and you will have to come up with a parenting plan. I agree with the others, start calm communications now.

    Any of the kids 12 or over? They get to pick who they live with...
     

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