About to be screwed

[Don Taylor]

My girlfriend, who lost custody in a bitter court battle, has just learned the ex is going
to sell the house shortly and go overseas to the mideast for a year (maybe more) and take
his new wife and the kids along with him. Since he was born over there but now has US
citizenship, he may even decide to stay there permanently. He'll be making over $300k
annually tax-free working for a major US insustrial firm, and it's a terrific incentive not
to return to the states.

My girlfriend and he currently have a custody agreement where she has them on alternate
weekends but he's the custodial parent. Consequently she's about to lose any visitation
with her kids unless she flies back and forth over there to see them. Is there any legal
leg to stand on that might keep him from taking the children out of the country??

Don

Don Taylor > wrote:
: My girlfriend, who lost custody in a bitter court battle, has just learned the ex is going
: to sell the house shortly and go overseas to the mideast for a year (maybe more) and take
: his new wife and the kids along with him. Since he was born over there but now has US
: citizenship, he may even decide to stay there permanently. He'll be making over $300k
Is there any legal
: leg to stand on that might keep him from taking the children out of the country??


You don not mention the state that is involved. Custody laws are state
dependent. If your girlfriend lives in California, for example, the "Burgess
Decision" (which you can search out on google.com) determined that
the NCP has to prove that it is *not* in the child's best interest for
the CP to remove the child from the area. The law used to be opposite
(the CP had to prove that it was in the child's best interest to
move them out of the area).


b.

Don Taylor > wrote:
: My girlfriend, who lost custody in a bitter court battle, has just learned the ex is going
: to sell the house shortly and go overseas to the mideast for a year (maybe more) and take
: his new wife and the kids along with him. Since he was born over there but now has US
: citizenship, he may even decide to stay there permanently. He'll be making over $300k
Is there any legal
: leg to stand on that might keep him from taking the children out of the country??


You don not mention the state that is involved. Custody laws are state
dependent. If your girlfriend lives in California, for example, the "Burgess
Decision" (which you can search out on google.com) determined that
the NCP has to prove that it is *not* in the child's best interest for
the CP to remove the child from the area. The law used to be opposite
(the CP had to prove that it was in the child's best interest to
move them out of the area).


b.

[gini52]

"Don Taylor" > wrote in message
...
> My girlfriend, who lost custody in a bitter court battle, has just learned
the ex is going
> to sell the house shortly and go overseas to the mideast for a year (maybe
more) and take
> his new wife and the kids along with him. Since he was born over there
but now has US
> citizenship, he may even decide to stay there permanently. He'll be
making over $300k
> annually tax-free working for a major US insustrial firm, and it's a
terrific incentive not
> to return to the states.
>
> My girlfriend and he currently have a custody agreement where she has them
on alternate
> weekends but he's the custodial parent. Consequently she's about to lose
any visitation
> with her kids unless she flies back and forth over there to see them. Is
there any legal
> leg to stand on that might keep him from taking the children out of the
country??
==
What does the custody order say about moving the kids?
==
==
>
> Don
>

[gini52]

"Don Taylor" > wrote in message
...
> My girlfriend, who lost custody in a bitter court battle, has just learned
the ex is going
> to sell the house shortly and go overseas to the mideast for a year (maybe
more) and take
> his new wife and the kids along with him. Since he was born over there
but now has US
> citizenship, he may even decide to stay there permanently. He'll be
making over $300k
> annually tax-free working for a major US insustrial firm, and it's a
terrific incentive not
> to return to the states.
>
> My girlfriend and he currently have a custody agreement where she has them
on alternate
> weekends but he's the custodial parent. Consequently she's about to lose
any visitation
> with her kids unless she flies back and forth over there to see them. Is
there any legal
> leg to stand on that might keep him from taking the children out of the
country??
==
What does the custody order say about moving the kids?
==
==
>
> Don
>

[...8MM..]

"Don Taylor" > wrote in message
...
> My girlfriend, who lost custody in a bitter court battle,

Gee, they just don't take kids away from a women unless, there where some
serious issues about the mother....

has just learned the ex is going
> to sell the house shortly and go overseas to the mideast for a year (maybe
more) and take
> his new wife and the kids along with him. Since he was born over there
but now has US
> citizenship, he may even decide to stay there permanently. He'll be
making over $300k
> annually tax-free working for a major US insustrial firm, and it's a
terrific incentive not
> to return to the states.
>
> My girlfriend and he currently have a custody agreement where she has them
on alternate
> weekends but he's the custodial parent. Consequently she's about to lose
any visitation
> with her kids unless she flies back and forth over there to see them. Is
there any legal
> leg to stand on that might keep him from taking the children out of the
country??
>
> Don
>

[...8MM..]

"Don Taylor" > wrote in message
...
> My girlfriend, who lost custody in a bitter court battle,

Gee, they just don't take kids away from a women unless, there where some
serious issues about the mother....

has just learned the ex is going
> to sell the house shortly and go overseas to the mideast for a year (maybe
more) and take
> his new wife and the kids along with him. Since he was born over there
but now has US
> citizenship, he may even decide to stay there permanently. He'll be
making over $300k
> annually tax-free working for a major US insustrial firm, and it's a
terrific incentive not
> to return to the states.
>
> My girlfriend and he currently have a custody agreement where she has them
on alternate
> weekends but he's the custodial parent. Consequently she's about to lose
any visitation
> with her kids unless she flies back and forth over there to see them. Is
there any legal
> leg to stand on that might keep him from taking the children out of the
country??
>
> Don
>

[The Dave©]

> > wrote:
> You don not mention the state that is involved. Custody laws are
> state dependent. If your girlfriend lives in California, for
> example, the "Burgess Decision" (which you can search out on
> google.com) determined that the NCP has to prove that it is not in
> the child's best interest for the CP to remove the child from the
> area. The law used to be opposite (the CP had to prove that it was
> in the child's best interest to move them out of the area).

The burden of "proof" should be on the parent making the move, but that
doesn't answer the OP's question.

Sounds a little too subjective to be provable, anyway.

[The Dave©]

> > wrote:
> You don not mention the state that is involved. Custody laws are
> state dependent. If your girlfriend lives in California, for
> example, the "Burgess Decision" (which you can search out on
> google.com) determined that the NCP has to prove that it is not in
> the child's best interest for the CP to remove the child from the
> area. The law used to be opposite (the CP had to prove that it was
> in the child's best interest to move them out of the area).

The burden of "proof" should be on the parent making the move, but that
doesn't answer the OP's question.

Sounds a little too subjective to be provable, anyway.

[Don Taylor]

"...8MM.." wrote:

> "Don Taylor" > wrote in message
> ...
> > My girlfriend, who lost custody in a bitter court battle,
>
> Gee, they just don't take kids away from a women unless, there where some
> serious issues about the mother....
>
> has just learned the ex is going
> > to sell the house shortly and go overseas to the mideast for a year (maybe
> more) and take
> > his new wife and the kids along with him. Since he was born over there
> but now has US
> > citizenship, he may even decide to stay there permanently. He'll be
> making over $300k
> > annually tax-free working for a major US insustrial firm, and it's a
> terrific incentive not
> > to return to the states.
> >
> > My girlfriend and he currently have a custody agreement where she has them
> on alternate
> > weekends but he's the custodial parent. Consequently she's about to lose
> any visitation
> > with her kids unless she flies back and forth over there to see them. Is
> there any legal
> > leg to stand on that might keep him from taking the children out of the
> country??
> >
> > Don
> >

Not serious issues with the mother, just that he was able to pony up more than $40,000 in
legal fees to get what he wanted. He also socialized with the family court judge, which
should be some conflict of interests, but in Alabama just about anything goes.

[Don Taylor]

"...8MM.." wrote:

> "Don Taylor" > wrote in message
> ...
> > My girlfriend, who lost custody in a bitter court battle,
>
> Gee, they just don't take kids away from a women unless, there where some
> serious issues about the mother....
>
> has just learned the ex is going
> > to sell the house shortly and go overseas to the mideast for a year (maybe
> more) and take
> > his new wife and the kids along with him. Since he was born over there
> but now has US
> > citizenship, he may even decide to stay there permanently. He'll be
> making over $300k
> > annually tax-free working for a major US insustrial firm, and it's a
> terrific incentive not
> > to return to the states.
> >
> > My girlfriend and he currently have a custody agreement where she has them
> on alternate
> > weekends but he's the custodial parent. Consequently she's about to lose
> any visitation
> > with her kids unless she flies back and forth over there to see them. Is
> there any legal
> > leg to stand on that might keep him from taking the children out of the
> country??
> >
> > Don
> >

Not serious issues with the mother, just that he was able to pony up more than $40,000 in
legal fees to get what he wanted. He also socialized with the family court judge, which
should be some conflict of interests, but in Alabama just about anything goes.

[dani]

On Thu, 04 Sep 2003 09:08:25 -0500, Don Taylor wrote:

> My girlfriend, who lost custody in a bitter court battle, has just learned
> the ex is going to sell the house shortly and go overseas to the mideast
> for a year (maybe more) and take his new wife and the kids along with him.
> Since he was born over there but now has US citizenship, he may even
> decide to stay there permanently. He'll be making over $300k annually
> tax-free working for a major US insustrial firm, and it's a terrific
> incentive not to return to the states.
>
> My girlfriend and he currently have a custody agreement where she has them
> on alternate weekends but he's the custodial parent. Consequently she's
> about to lose any visitation with her kids unless she flies back and forth
> over there to see them. Is there any legal leg to stand on that might
> keep him from taking the children out of the country??
>
> Don

One thing, not mentioned in the other post. If the move constitutes a
major change in life circumstances, such as what you imply above, than the
Court can change custody like Barry said. If your in CA.the Burgess
decision is a good starting point, although there was a recent ruling I
recall, that modified this somewhat. Check findlaw.com for more on that.

He's also right on the "Best Interest" test which takes into
consideration, schools, friends, the other parent, etc. They have even
required that the parent moving pay for visitation. If he is making 300K
than that would be an option. But do the research and file soon.

~ Dani

[dani]

On Thu, 04 Sep 2003 09:08:25 -0500, Don Taylor wrote:

> My girlfriend, who lost custody in a bitter court battle, has just learned
> the ex is going to sell the house shortly and go overseas to the mideast
> for a year (maybe more) and take his new wife and the kids along with him.
> Since he was born over there but now has US citizenship, he may even
> decide to stay there permanently. He'll be making over $300k annually
> tax-free working for a major US insustrial firm, and it's a terrific
> incentive not to return to the states.
>
> My girlfriend and he currently have a custody agreement where she has them
> on alternate weekends but he's the custodial parent. Consequently she's
> about to lose any visitation with her kids unless she flies back and forth
> over there to see them. Is there any legal leg to stand on that might
> keep him from taking the children out of the country??
>
> Don

One thing, not mentioned in the other post. If the move constitutes a
major change in life circumstances, such as what you imply above, than the
Court can change custody like Barry said. If your in CA.the Burgess
decision is a good starting point, although there was a recent ruling I
recall, that modified this somewhat. Check findlaw.com for more on that.

He's also right on the "Best Interest" test which takes into
consideration, schools, friends, the other parent, etc. They have even
required that the parent moving pay for visitation. If he is making 300K
than that would be an option. But do the research and file soon.

~ Dani

[Chris Owens]

Don Taylor wrote:
>
> My girlfriend, who lost custody in a bitter court battle, has just learned the ex is going
> to sell the house shortly and go overseas to the mideast for a year (maybe more) and take
> his new wife and the kids along with him. Since he was born over there but now has US
> citizenship, he may even decide to stay there permanently. He'll be making over $300k
> annually tax-free working for a major US insustrial firm, and it's a terrific incentive not
> to return to the states.
>
> My girlfriend and he currently have a custody agreement where she has them on alternate
> weekends but he's the custodial parent. Consequently she's about to lose any visitation
> with her kids unless she flies back and forth over there to see them. Is there any legal
> leg to stand on that might keep him from taking the children out of the country??
>
> Don

Your girlfriend needs to talk to a lawyer ASAP.

Chris Owens




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[Chris Owens]

Don Taylor wrote:
>
> My girlfriend, who lost custody in a bitter court battle, has just learned the ex is going
> to sell the house shortly and go overseas to the mideast for a year (maybe more) and take
> his new wife and the kids along with him. Since he was born over there but now has US
> citizenship, he may even decide to stay there permanently. He'll be making over $300k
> annually tax-free working for a major US insustrial firm, and it's a terrific incentive not
> to return to the states.
>
> My girlfriend and he currently have a custody agreement where she has them on alternate
> weekends but he's the custodial parent. Consequently she's about to lose any visitation
> with her kids unless she flies back and forth over there to see them. Is there any legal
> leg to stand on that might keep him from taking the children out of the country??
>
> Don

Your girlfriend needs to talk to a lawyer ASAP.

Chris Owens




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http://www.newsfeeds.com - The #1 Newsgroup Service in the World!
-----== Over 100,000 Newsgroups - 19 Different Servers! =-----

[Dan Curry]

If the child is over 8 than he has every right to take the child. According
to Muslim law, the father automaticly gets custody of the children at 8.

One of the few things they do right in the Middle East.


"Don Taylor" > wrote in message
...
> My girlfriend, who lost custody in a bitter court battle, has just learned
the ex is going
> to sell the house shortly and go overseas to the mideast for a year (maybe
more) and take
> his new wife and the kids along with him. Since he was born over there
but now has US
> citizenship, he may even decide to stay there permanently. He'll be
making over $300k
> annually tax-free working for a major US insustrial firm, and it's a
terrific incentive not
> to return to the states.
>
> My girlfriend and he currently have a custody agreement where she has them
on alternate
> weekends but he's the custodial parent. Consequently she's about to lose
any visitation
> with her kids unless she flies back and forth over there to see them. Is
there any legal
> leg to stand on that might keep him from taking the children out of the
country??
>
> Don
>

[Dan Curry]

If the child is over 8 than he has every right to take the child. According
to Muslim law, the father automaticly gets custody of the children at 8.

One of the few things they do right in the Middle East.


"Don Taylor" > wrote in message
...
> My girlfriend, who lost custody in a bitter court battle, has just learned
the ex is going
> to sell the house shortly and go overseas to the mideast for a year (maybe
more) and take
> his new wife and the kids along with him. Since he was born over there
but now has US
> citizenship, he may even decide to stay there permanently. He'll be
making over $300k
> annually tax-free working for a major US insustrial firm, and it's a
terrific incentive not
> to return to the states.
>
> My girlfriend and he currently have a custody agreement where she has them
on alternate
> weekends but he's the custodial parent. Consequently she's about to lose
any visitation
> with her kids unless she flies back and forth over there to see them. Is
there any legal
> leg to stand on that might keep him from taking the children out of the
country??
>
> Don
>

[PapaPolarbear]

"Dan Curry" > wrote in message
m...
> If the child is over 8 than he has every right to take the child.
According
> to Muslim law, the father automaticly gets custody of the children at 8.
>
> One of the few things they do right in the Middle East.

What does religion have to do with child custody. Law of the land trancends
the laws of religion when applied by a crack-pot who takes his child
unlawfully.

Papa

[PapaPolarbear]

"Dan Curry" > wrote in message
m...
> If the child is over 8 than he has every right to take the child.
According
> to Muslim law, the father automaticly gets custody of the children at 8.
>
> One of the few things they do right in the Middle East.

What does religion have to do with child custody. Law of the land trancends
the laws of religion when applied by a crack-pot who takes his child
unlawfully.

Papa