Can I get full custody?: My ex wife left our kids with me and moved to Tennessee to start over following a divorce from another man. During those years, she had been arrested/jailed for assault, let her ex physically abuse them, left them to go on trips with no caretaker, and changed their school every year. She is very emotionally unstable and allows the kids to live in horrible living situations. Even though I have tried to get full custody over 5 times, she has continued to have custody of them. Well, she took off months ago with no job lined up or a place to live. She decided to stay with friends in Texas for a while and then moved to Tennessee. She has been there for months and still can't secure a job or a place to live besides someones couch. She continues to tell the kids they can come to her on a certain date and then discloses she has no way to take care of them. This is causing severe psychological issues for all of them. Whats more, I am still paying her over 1100$ a month in child support even though she doesn't have them and is literally living off of my support. I have a stable home for them and I am so worried for my kids and I need that money to support them, what do I do?
Walt’s answer:
Child support won't be modified until you file a Request for Order (form FL-300) with the court. Based on the facts described it is very likely that child support will be greatly reduced. All of this will depend on your income and her income at the time. The sooner you make this request to the court, the sooner the support amount will be changed. Every month that passes can never be recovered.
Custody is likely to be modified as well. You need to present a coherent argument to the court that she has abandoned the children, that she is an unfit mother, and that she has no living situation for the kids. Also keep in mind that she might beg the court to have the kids come visit her in Tennessee every summer, she can't afford the plane tickets, and she needs you to pay.
This is all fairly complex so you might be well served to hire an attorney, but if you can't afford that definitely forge ahead on your own without an attorney. It can be done.
I want to relocate with my child after divorce?: The other parent has agreed to not contest the move. However the court order states I can not leave the county without his consent or the courts. I have his verbal consent. What do I need to do to inform the court of my intentions and his agreement.
Walt’s answer: I would also suggest, in addition to the comments set forth above, than any writing you have setting forth his consent to your move be notarized. If there is any later challenge, the notarization will clarify the exact date the agreement was signed and also he cannot later allege he didn't sign it. Also be sure the language of your agreement is precise and detailed. For example, give specifics such as "I am moving from Redding California to Boise Idaho."
I am helping someone research info in filing a divorce. Does form 141 & 150 have to be served seperate from 142 &140? : Filing divorce papers 141 & 150 request proof of services 142 and 140 does not. What happened if they were all served at once?
Walt’s answer:
In most cases you serve the FL-140, FL-141, FL-142, and FL-150 on the opposing party. (Be sure that the necessary attachments are included with the various forms.)
Once those forms have all been served you then file the FL-141 form with the court. In some cases, depending on the issues of the case, you would also file the FL-150 with the court.