This crap never ends for me...

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  • RoyalBoyle78
    Aka."Footballforever"
    • May 2003
    • 23918

    #1

    This crap never ends for me...

    Well I have I just got joint custody of my daughter and her mother just married to the guy she has been with for only a year and is do to give birth with his baby next month. The guy she married just graduated from the coast guard and he has to be stationed in Massachusetts and she is tell me she is moving, I told her no she is not, not with my daughter, I'm very. very close to my daughter and I don't want her moving from NY, so I just got the joint custody, we have been going back and forth to court for the last 8 months, She agreed on the terms I asked for and signed off ion the paper and so did I, today.

    So I told my lawyer thats she is plaining on moving my daughter's out of the state, and he not a chance, it will not be allowed by any judge. He told me they will tell her she can't move out of the state because she shares joint custody with me, I told my layer if she wants to move then she's will have to give me full custody, I'm not trying to have this. He keeps telling it wont happen, anyone ever go through this.
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  • callmetaternuts
    All Star
    • Jul 2004
    • 7045

    #2
    Re: This crap never ends for me...

    Wow, good luck man. Its nice to see a guy step up and want to have their kids around. Im sorry this is all going down, but i hope it works out for you and your little girl
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    • Scottdau
      Banned
      • Feb 2003
      • 32580

      #3
      Re: This crap never ends for me...

      Yeah that is pretty heavy stuff. I agree with the Lawyer. She can't do that unless you agree.

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      • Knight165
        *ll St*r
        • Feb 2003
        • 24964

        #4
        Re: This crap never ends for me...

        I believe that she cannot move more than 50 miles from you(nor you her) if you have joint custody without you permission.
        Unless of course she takes you back to court and can get a judge to change the arrangement...but that is almost certainly not going to happen if you continue to support and visit your child regularly and don't get into any legal trouble.
        The courts are very much into keeping BOTH parents involved with their children.
        Hope all goes well for you.

        M.K.
        Knight165
        All gave some. Some gave all. 343

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        • RAZRr1275
          All Star
          • Sep 2007
          • 9918

          #5
          Re: This crap never ends for me...

          That sucks. Hopefully you get full custody of your daughter.
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          • The GIGGAS
            Timbers - Jags - Hokies
            • Mar 2003
            • 28474

            #6
            Re: This crap never ends for me...

            Gah, I hate child custody fights in court.
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            • SPTO
              binging
              • Feb 2003
              • 68046

              #7
              Re: This crap never ends for me...

              I think it would've been wiser for you to have fought for full custody and enter into a binding agreement that you'd let your daughter see her mother every six months. That way she would be able to move to Mass. and have her new family life yet still be able to see her little girl.

              I know it's not that simple but these child custody fights really drain any life out of the people going through them.
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              • RoyalBoyle78
                Aka."Footballforever"
                • May 2003
                • 23918

                #8
                Re: This crap never ends for me...

                Originally posted by SPTO
                I think it would've been wiser for you to have fought for full custody and enter into a binding agreement that you'd let your daughter see her mother every six months. That way she would be able to move to Mass. and have her new family life yet still be able to see her little girl.

                I know it's not that simple but these child custody fights really drain any life out of the people going through them.
                I hear what your saying, I wouldn't have win, the courts are so for the mothers these days it's just stupid and not fair, and no matter what anyone says, thats just how it is. I'm very involved in my daughters life, I attend all her schools plays and concerts and her little graduations, so I f I agreed to it I lose all that, I'm not being selfish, my no thanks, my little girl stays here. If her mother wants to move, that's not a problem, just give me custody of my daughter and she can go.

                I got my daughter yesterday for dinner, which I have her every Wednesday, and My daughters mother is so immature that she talks in front of my daughters and that crap is wrong. My daughter tells me yesterday, "daddy mommy and mike that's her step dads name told me to be BAD when I'm with you, and then het step dad is telling her. don't worry I'm taking you to Mass. You know how pissed off I was, this is bull crap. Her mothers new husband has only been with her for 1 year, and that's it, he needs to but out, because this has nothing to do with him, nothing. He has to move to Mass because he's in the coast guard, I say see ya, my daughters stays with me in the state I live in. My ex thinks because he has to move and she's married to him that she can just pick up and move my daughter.
                Last edited by RoyalBoyle78; 07-31-2008, 08:20 AM.
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                • SPTO
                  binging
                  • Feb 2003
                  • 68046

                  #9
                  Re: This crap never ends for me...



                  Trying to manipulate your daughter to get their way. That's just wrong. I agree the step dad needs to butt out of it. In fact, if I were the step dad i'd try everything in my power to make sure you still get access to your daughter. I guess i'm a rare breed "shrug"
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                  • MassNole
                    Banned
                    • Mar 2006
                    • 18848

                    #10
                    Re: This crap never ends for me...

                    I'm a domestic relations lawyer as well, your lawyer is most likely right (although I'd always be worried about what a NY Judge would rule, some have never even attended law school). Even if a judge did make this ruling, I know there's a bunch of case law in NY that establishes a test for allowing this that she doesn't begin to meet. So don't sweat it.

                    The ultimate question will be is it in the best interest of the child to allow her to move to another state? Going against you here is that her mother and her new husband are relocating for a job. Now going against that is the very nature of the job that could result in frequent transfers and subsequent relocations for the child. Going for you is a bevy of case law that states it is not in the child's best interest to be relocated out of state and lose contact with a father

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                    • RoyalBoyle78
                      Aka."Footballforever"
                      • May 2003
                      • 23918

                      #11
                      Re: This crap never ends for me...

                      Originally posted by MassNole
                      I'm a domestic relations lawyer as well, your lawyer is most likely right (although I'd always be worried about what a NY Judge would rule, some have never even attended law school). Even if a judge did make this ruling, I know there's a bunch of case law in NY that establishes a test for allowing this that she doesn't begin to meet. So don't sweat it.

                      The ultimate question will be is it in the best interest of the child to allow her to move to another state? Going against you here is that her mother and her new husband are relocating for a job. Now going against that is the very nature of the job that could result in frequent transfers and subsequent relocations for the child. Going for you is a bevy of case law that states it is not in the child's best interest to be relocated out of state and lose contact with a father
                      Thanks man... I'm just angry because they talk about all this in front of my 5 year old daughter, she will be six in 2 months.
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