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Old 01-26-2014, 04:46 PM
 
196 posts, read 318,750 times
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The boys are 16 and 13. They are really close and their Dad has done alot to help them through this rough time. He tried to keep the house and lost that when his ex left. He is a Scout leader and does all he can to keep them on the straight and narrow and focused on going to college. Thanks for the suggestions and I'll pass them on.
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Old 01-27-2014, 12:40 PM
 
Location: Troy Hill, The Pitt
1,174 posts, read 1,585,967 times
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Quote:
Originally Posted by windrunner4484 View Post
My son's ex who moved away and left him with the kids is going to try to get custody of them. He knows he has no money for a lawyer and she wouldn't sign over custody when she left. Now that she has money and he has no job she is going to take the kids. And they are in their teens. He is a good father and is looking for a job but no deal. Depressed area out here. He lost his car and needs to get a lawyer to help him keep his boys. Can anyone suggest something?
Sounds like abandonment, which I imagine would help his case considerably.
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Old 01-27-2014, 02:31 PM
 
Location: Fort Lauderdale, Florida
11,936 posts, read 13,096,073 times
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Quote:
Originally Posted by windrunner4484 View Post
The boys are 16 and 13. They are really close and their Dad has done alot to help them through this rough time. He tried to keep the house and lost that when his ex left. He is a Scout leader and does all he can to keep them on the straight and narrow and focused on going to college. Thanks for the suggestions and I'll pass them on.
He needs to file for child support. Since he is raising them, he deserves it and will get child support.

The mother abandoned the boys. A judge will take that into consideration.
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Old 01-27-2014, 09:08 PM
 
Location: in a house
3,574 posts, read 14,339,300 times
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Quote:
Originally Posted by Q-tip motha View Post
Sounds like abandonment, which I imagine would help his case considerably.
How is that abandonment? The custody arrangement wasn't disclosed by the OP. The former spouse moved away after the divorce and he has the children. He does need to file for back child support, though
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Old 01-27-2014, 10:03 PM
 
43,011 posts, read 108,004,288 times
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Originally Posted by mm_mary73 View Post
How is that abandonment? The custody arrangement wasn't disclosed by the OP. The former spouse moved away after the divorce and he has the children.
The OP says "she didn't sign over custody." That means she had joint or full custody and left them.
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Old 01-27-2014, 10:18 PM
 
47,525 posts, read 69,672,493 times
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Originally Posted by mm_mary73 View Post
How is that abandonment? The custody arrangement wasn't disclosed by the OP. The former spouse moved away after the divorce and he has the children. He does need to file for back child support, though
That's why he really needs to get a lawyer. The laws can vary but also different sides may have different interpretations and viewpoints in this.

The mother may feel that if neither of them worked, the kids had little future and she left to find work so she could support them, if she had custody but he wasn't paying child support so she had to find work --- that might put her in a more favorable light.
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Old 01-28-2014, 10:28 AM
 
196 posts, read 318,750 times
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Default no she left

Quote:
Originally Posted by malamute View Post
That's why he really needs to get a lawyer. The laws can vary but also different sides may have different interpretations and viewpoints in this.

The mother may feel that if neither of them worked, the kids had little future and she left to find work so she could support them, if she had custody but he wasn't paying child support so she had to find work --- that might put her in a more favorable light.
No she didn't have to move. It was voluntary with her employer who is moving some people to Florida. They had a 50/50 split with her taking the boys one week and my son the next. She didn't have to pay child support because of this. Since she didn't let the court know she was leaving (and her current husband is a felon and I don't know if he told the state he was going) I wonder how that affects things.
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Old 01-28-2014, 12:00 PM
 
13,388 posts, read 6,434,576 times
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Usually, a mother cant just take kids out of state or further than X miles away from the father without his permission, so I doubt a judge is going to give her custody to do that.
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Old 01-28-2014, 12:45 PM
 
15,793 posts, read 20,472,889 times
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There's a lot of unknowns here, and can't really give official legal advice as each state is different. For example, in my state, even with a 50/50 split of parenting time, the parent with higher income would be liable for child support to the parent with lesser income to "even the households" up.

A judge may also consider the status quo. The boys have lived with their father for X number of years. What has changed that the mother now wants custody? She's going to have to prove a number of things to change custody from status quo to the mother. If anything, the father should now be getting child support.

Really need to look into legal counsel here. Even though the family court system seems to be pro-self representation, you should seek legal counsel to guide you through the confusing laws that would apply here.
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Old 01-28-2014, 12:53 PM
 
14,376 posts, read 18,362,447 times
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She left the kids behind (a strike against her), and they are old enough to decide who they want to live with. She would owe your son child support.

The situation is not at all hopeless. He should see if he can get a free lawyer or just represent himself.
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