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#226066 - 10/02/09 09:27 AM Re: Move away case [Re: nnn3]
nnn3 Offline
Member

Registered: 09/28/09
Posts: 24
Tali_Llama, do you know the name of that bill? I want to read up on it.

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#226076 - 10/02/09 10:48 AM Re: Move away case [Re: nnn3]
astrolink Offline
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Registered: 06/03/03
Posts: 5742
I think you are focusing on the wrong thing. You have to have custody back to even attempt a legal move with the children. I've read thousands of cases, and have not read one where a non-custodial parent was able to move away with the kids. I doubt its even been attempted, and no attorney would take such a case. There's no chance of winning.

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#226077 - 10/02/09 10:53 AM Re: Move away case [Re: astrolink]
nnn3 Offline
Member

Registered: 09/28/09
Posts: 24
Originally Posted By: astrolink
I think you are focusing on the wrong thing. You have to have custody back to even attempt a legal move with the children. I've read thousands of cases, and have not read one where a non-custodial parent was able to move away with the kids. I doubt its even been attempted, and no attorney would take such a case. There's no chance of winning.
Me a decade year custodial parent veteran vs. a irresponsible one month custodial father? No way. Yes I did lose but a temporary lose due to technical things. smile

But thanks for the negativity. It helps me think better.

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#226081 - 10/02/09 11:25 AM Re: Move away case [Re: nnn3]
astrolink Offline
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Registered: 06/03/03
Posts: 5742
I'm just trying to point out you are the non-custodial parent at this point. The 10 years means nothing when it comes to moving away. At this point, you can't even make an attempt. Statistically, temporary custody orders become permanent 90% of the time. You've got to get custody back or the rest is moot.

You really need an attorney. No one here can deal with the individuality of your case.

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#226083 - 10/02/09 12:06 PM Re: Move away case [Re: astrolink]
nnn3 Offline
Member

Registered: 09/28/09
Posts: 24
Originally Posted By: astrolink
I'm just trying to point out you are the non-custodial parent at this point. The 10 years means nothing when it comes to moving away. At this point, you can't even make an attempt. Statistically, temporary custody orders become permanent 90% of the time. You've got to get custody back or the rest is moot.

You really need an attorney. No one here can deal with the individuality of your case.
If what you say is so true, then Mr. Lamusga would've never won.

I never expect any of you to deal with my situation but in the nature of a forum, you can either ignore my post or involve yourself. Everything said in here whether good or bad, I appreciate it.

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#226089 - 10/02/09 12:56 PM Re: Move away case [Re: nnn3]
astrolink Offline
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Registered: 06/03/03
Posts: 5742
Your circumstances are very different. The father isn't trying to move. You haven't posted that he is denying you time with the kids. I don't think the case fits your circumstances.

Regardless, good luck. Keep us posted with what your attorney recommends. Their advice can vary greatly from state to state, county to county, and even judge to judge.

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#226098 - 10/02/09 02:11 PM Re: Move away case [Re: astrolink]
nnn3 Offline
Member

Registered: 09/28/09
Posts: 24
Originally Posted By: astrolink
Your circumstances are very different. The father isn't trying to move. You haven't posted that he is denying you time with the kids. I don't think the case fits your circumstances.

Regardless, good luck. Keep us posted with what your attorney recommends. Their advice can vary greatly from state to state, county to county, and even judge to judge.
I know I didn't post it but just because I didn't post it does not mean that he did or did not.

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#226101 - 10/02/09 02:18 PM Re: Move away case [Re: nnn3]
astrolink Offline
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Registered: 06/03/03
Posts: 5742
I'm not interested in playing games. Good luck.

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#226118 - 10/03/09 05:01 AM Re: Move away case [Re: nnn3]
Tali_Llama Offline
Superstar
***

Registered: 06/17/03
Posts: 6740
Loc: S. California
Actually, Mr. LaMusga technically didn't win, and he DID have attornies. My understanding is that although the move to Ohio was blocked by the courts, the mother later up and moved to Arizona without permission and the father doesn't get to see his sons.

I do recommend an attorney for move-away cases. A former coworker got one. It cost him $8,000, but he won custody of his son when the mother tried to move away.

The Senate Bill 156 is the one in question. Sneaky ole Gray Davis signed it into law about the time he was being recalled. Here is a link to pro-father Talk Radio Host Glenn Sacks' website where he describes the situation:


California Move-Away Link. (You are leaving Dnet, Use Back to Return)
_________________________
Disclaimer:Not actual legal advice!

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#226119 - 10/03/09 05:24 AM Re: Move away case [Re: astrolink]
Tali_Llama Offline
Superstar
***

Registered: 06/17/03
Posts: 6740
Loc: S. California
Originally Posted By: astrolink
I'm not interested in playing games. Good luck
Awww, Astro - after your last discussion with Dvd in the other forum, I thought you would naturally side with the non-custodial parents that had been screwed over by the courts and in this particular case, by the mediator. laugh (For those of you new to the site.. I am giving Astro a little good-hearted teasing..)
-------------------------
Nnn3 - What Astro is trying to tactfully point out, without an accusing finger, is that it is EXTREMELY rare for the courts to remove custody from a biological mother of - (I believe you said you were the custodial parent for 10 years?) .. and hand the custody over to the father.

This kind of change usually only happens with some extreme circumstances, such as when a mother is an addict, an abuser or has severe hostility issues towards the father that is psychologically impacting the child(ren). (I thought it was most polite that Astro went with the least bad of the three for his example..)

Now, you've come on to discuss "move-away" options, which Astro has pointed out are separate issues. Move-away discussions on this site are typically for the custodial parent moving away. Any reader with even just a little intuition has probably deduced that you might even be considering just moving away with the children - something I think I would be considering if I felt that I had been "wronged" by the courts.

Astro's point is that, while its nice you've come to a free website to listen to a bunch of amatuers voice our opinions - that elements of your case, particularly the mediator mismanagement, are more complex and that you need to rely on the advice of paid attorneys - and maybe even get a second opinion, instead of using the internet for incomplete input on your case based on the limited information we have.

Meaning - ya get what ya pay for. The internet is a nice place for a little free research and debate/discussion, but paid professional advice is by far the better way to go.
_________________________
Disclaimer:Not actual legal advice!

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