Adoption Quandry

[geraldray]

What is the name of your state? OH
MY wifes ex-husbands current wife wants to adopt my wifes son. On the petiition my wife was sent, the reasons listed are my wife has not been in contact for a year and she has not provided child support for a year. Through phone records and pay stubs she can prove both claims false. I am in the military and stationed in Florida, the son is in OH, because of the distance she can not always go home. Does the ex have a case?

 

[Just Blue]

What is the name of your state? OH
MY wifes ex-husbands current wife wants to adopt my wifes son. On the petiition my wife was sent, the reasons listed are my wife has not been in contact for a year and she has not provided child support for a year. Through phone records and pay stubs she can prove both claims false. I am in the military and stationed in Florida, the son is in OH, because of the distance she can not always go home. Does the ex have a case?

If as you say, your wife has been in phone contact and is providing support...Than No I don't think thay will be successful...Altho She should make an effort to see the child more often...Children NEED their Mom's...Why doesn't she bring the child to her??

 

[geraldray]

The father got custody because he is from the town where the case was and has family the son can see. My wife is not from that area and has no family there. The judge said since I am in the military and move the child would be better suited with the father. When my wife tries to get her visits they always have an excuse and to get her visits she would have to take them to court. We have neither the time nor money do to this every time its her turn to have him. His lawyer is a friend from high school. This little town is very good old boy oriented.

 

[Just Blue]

The father got custody because he is from the town where the case was and has family the son can see. My wife is not from that area and has no family there. The judge said since I am in the military and move the child would be better suited with the father. When my wife tries to get her visits they always have an excuse and to get her visits she would have to take them to court. We have neither the time nor money do to this every time its her turn to have him. His lawyer is a friend from high school. This little town is very good old boy oriented.

What does the visitation order say??

 

[Ohiogal]

The father got custody because he is from the town where the case was and has family the son can see. My wife is not from that area and has no family there. The judge said since I am in the military and move the child would be better suited with the father. When my wife tries to get her visits they always have an excuse and to get her visits she would have to take them to court. We have neither the time nor money do to this every time its her turn to have him. His lawyer is a friend from high school. This little town is very good old boy oriented.

First of all both mom and DAD need to follow the court order. If mom really wants to be in son's life, MOM NEEDS TO GO TO COURT and get dad for contempt if she has tried to exercise her visitation -- as in shown up to pick up jr. and not received him on her time. She needs to be active/proactive/reactive and not so passive. I can understand why the judge would have the child be with the father if dad is more stable than mom. However mom needs to force the issue of visitation.

 

[geraldray]

Adoption quandry

First of all both mom and DAD need to follow the court order. If mom really wants to be in son's life, MOM NEEDS TO GO TO COURT and get dad for contempt if she has tried to exercise her visitation -- as in shown up to pick up jr. and not received him on her time. She needs to be active/proactive/reactive and not so passive. I can understand why the judge would have the child be with the father if dad is more stable than mom. However mom needs to force the issue of visitation.

Ohiogal where do you live in Ohio, you might know the town. The court order says the mom gets the son on his siblings birthdays, mothers day, the summer months, and every other christmas. It was like that until he got remarried. My wife spends more time talking to the current wife than the ex.

 

[Ohiogal]

Ohiogal where do you live in Ohio, you might know the town. The court order says the mom gets the son on his siblings birthdays, mothers day, the summer months, and every other christmas. It was like that until he got remarried. My wife spends more time talking to the current wife than the ex.

South of Cleveland, east of Indiana, North of Columbus and West of Pennsylvania. If your wife gets the child for the summer months then she should come get him.

 

[geraldray]

South of Cleveland, east of Indiana, North of Columbus and West of Pennsylvania. If your wife gets the child for the summer months then she should come get him.

Good enough, I just wanted to make sure you were not from the area. Last summer she drove to Ohio to get him and the father said she couldn't. She went to the local sherriff and he said there was nothing he could do, she has to settle it in court.

I have a follow up to this situation. Do you think I could take him to court for the money it's costing us to come to Ohio? that is if we have the evidence to prove them wrong.

 

[Ohiogal]

Good enough, I just wanted to make sure you were not from the area. Last summer she drove to Ohio to get him and the father said she couldn't. She went to the local sherriff and he said there was nothing he could do, she has to settle it in court.

I have a follow up to this situation. Do you think I could take him to court for the money it's costing us to come to Ohio? that is if we have the evidence to prove them wrong.

She should have walked into the county court where visitation was settled and filed an emergency petition to enforce the court order. get the money back from dad for coming to Ohio to get mom's son? Who moved? Who is supposed to pay for transportation? IF mom moved the expense is on her. Which it seems she is the one who moved so she has to pay it. You MIGHT be able to get dad penalized the amount it cost you to come up there if he did not follow the court order and relinguish the child as well as court costs to get the court order enforced. But dad does not need to pay transportation costs if it is not in the court order and the most he might -- and that is a slim chance -- be ordered to pay is half since mom is the one who moved.