Military mom creating nasty family law case

[izza]

What is the name of your state? Washington

This is kind of a general legal question of family law, but it revolves around a military mom who is being relocated and a 9 year old daughter with whom her dad has had regular visitation with basically her whole life. The mother, who does have sole custody of her, has turned this into a nasty, drawn out mess in family court.

The mother filed papers back in October for relocation with the daughter to attend school in Virginia for several months and then move to Georgia, all per military orders- orders that she never submitted to the court when she filed her petition for relocation and also modification of parenting plan. She filed everything last minute, and then pushed everything through for a temporary relocation of child back in December and postponed the case for when she was done with school- he didn't object to the move but to her proposed Parenting Plan. The court case was in March but is now in May when she'll be done with school before her next assignment - supposably Georgia.

So, in March, the father receives yet another relocation and PP modification filing from her stating her orders suddenly changed and now she's due to go Korea and wants to take the daughter with her with relocate date of 5/21/06 which is a week after the trial date of the first court date. She filed the exact same paperwork other than location so it has the same case number . So when he went to file his papers for objection and get a court date, he was told that he couldn't because there was already a court date for the same thing, so he won't be able to get a court date until after the first trial is over. Well, he did file the papers as he had to file his objection paperwork in the 30 days allowed to do so.

Trying to keep this brief- this is a very typical type of thing the mother does. She is very sneaky by filing paperwork last minute so he can't contest it, but things get pushed through because of her military orders. She has never provided to court any sort of military document verifying relocation orders just her written word, yet the court has taken it as true- doesn't she have to provide the court something, especially if her orders were changed to go overseas? She's going to try to push it through in this first court case. Because of the whole situation with school in Virginia and relocation of daughter being done with by the time this May court case comes up, can this first court case be dropped if he petitions to do so , or would the judge add this second case to the first. I wouldn't think so since it's not allowing him his legal time for responding, etc.

It's just really a sad case as the mother's motive isn't what's the best for the child, but how she can get her dad out of the picture. He's always had visitation with the daughter which has been severely disrupted while this is tied up in court. Yes, having a lawyer is really what he needs, but the cheapest he's been quoted is $2500.00 up front and he makes too much for free legal. Any information that could help would be greatly appreciated.What is the name of your state?

[seniorjudge]

Originally Posted by izza

What is the name of your state? Washington

This is kind of a general legal question of family law, but it revolves around a military mom who is being relocated and a 9 year old daughter with whom her dad has had regular visitation with basically her whole life. The mother, who does have sole custody of her, has turned this into a nasty, drawn out mess in family court.

The mother filed papers back in October for relocation with the daughter to attend school in Virginia for several months and then move to Georgia, all per military orders- orders that she never submitted to the court when she filed her petition for relocation and also modification of parenting plan. She filed everything last minute, and then pushed everything through for a temporary relocation of child back in December and postponed the case for when she was done with school- he didn't object to the move but to her proposed Parenting Plan. The court case was in March but is now in May when she'll be done with school before her next assignment - supposably Georgia.

So, in March, the father receives yet another relocation and PP modification filing from her stating her orders suddenly changed and now she's due to go Korea and wants to take the daughter with her with relocate date of 5/21/06 which is a week after the trial date of the first court date. She filed the exact same paperwork other than location so it has the same case number . So when he went to file his papers for objection and get a court date, he was told that he couldn't because there was already a court date for the same thing, so he won't be able to get a court date until after the first trial is over. Well, he did file the papers as he had to file his objection paperwork in the 30 days allowed to do so.

Trying to keep this brief- this is a very typical type of thing the mother does. She is very sneaky by filing paperwork last minute so he can't contest it, but things get pushed through because of her military orders. She has never provided to court any sort of military document verifying relocation orders just her written word, yet the court has taken it as true- doesn't she have to provide the court something, especially if her orders were changed to go overseas? She's going to try to push it through in this first court case. Because of the whole situation with school in Virginia and relocation of daughter being done with by the time this May court case comes up, can this first court case be dropped if he petitions to do so , or would the judge add this second case to the first. I wouldn't think so since it's not allowing him his legal time for responding, etc.

It's just really a sad case as the mother's motive isn't what's the best for the child, but how she can get her dad out of the picture. He's always had visitation with the daughter which has been severely disrupted while this is tied up in court. Yes, having a lawyer is really what he needs, but the cheapest he's been quoted is $2500.00 up front and he makes too much for free legal. Any information that could help would be greatly appreciated.What is the name of your state?

Yes, having a lawyer is really what he needs

I agree with you.

[fozzy2]

It sounds as if the mother served notice of an intention to relocate based on her military orders and then updated the notice when her orders changed. She is required to do this by RCWA 26.09.440 which requires the relocating party to "promptly update" as "new information becomes available." If the original notice was served IAW with the statute, (no less than 60 days before intended relocation) and the update was served "no less than 5 days after knowing" of the change, then she seems to be in compliance with the statute.

Presumably the opposing party (i.e. father) has filed objection and served notice in accordance with RCWA 25.09.480 and that is why they are going to court. What is the complaint here, that the late notice prevents you from gathering evidence and making a case against the relocation? Does it make a big difference whether the relocation is to Georgia or to Korea, and you need more time to prepare your case?

The court can order sanctions, including contempt, for "bad faith" such as failing to comply with the notice requirements. You can argue that there is no evidence she is/was under military orders, and the judge will probably then require her to provide proof. As is often the case, however, if you don't object the judge will presume that what she asserts is true.

[DRTDEVL]

Actually, it DOES make a big difference.

You see, Korea is called a "hardship tour" for a reason... She CAN'T bring her daughter there. All he has to do is get those orders into evidence (through subpoena?). They would have to say either "Command sponsored dependents: (Daughter's name)", or "This is a dependent restricted tour."

If the latter, petition for custody yourself.

[fozzy2]

It is true that most assignments in Korea are unaccompanied (about 90%), but that still leaves thousands of accompanied billets. Indeed, if the US military is to be believed by the year 2010 at least 25% of Korea billets will be accompanied. I doubt she would file papers indicating she was relocating her child to Korea unless she planned on doing so, though stranger things have happened.

[DRTDEVL]

While the number of unaccompanied tours is decreasing (still roughly 95% of the sum), this does not change one particular fact: It takes a LOT of planning and maneuvering to get an accompanied tour. This is not done at the last minute, rather it is done by volunteering for an accompanied tour via reenlistment/extension, etc. There would be a minimum of 6 months lead time on the orders.

I still say get the orders introduced as evidence. If she was granted an accompanied tour, check the date on the orders. It would be at least 6 months prior to the PCS move, and greater than 30 days from the filing date.

BTW: The reason for the decrease in unaccompanied tours is the relocation/transformation of 2ID. Area I is 100% unaccompanied, yet it is being closed in favor of areas II and IV. No more "speed bump", so to speak.

[SHORTY LONG]

23 APR 06

Depending on his income he might be eligible for "Legal Aide." Also, if there is a Law School close by, he can check to see if they have a "Legal Clinic" that would be willing to take his case. All of these Legal Services are free, but he must ASAP get the ball rolling!
Shorty out!

Originally Posted by izza

What is the name of your state? Washington

This is kind of a general legal question of family law, but it revolves around a military mom who is being relocated and a 9 year old daughter with whom her dad has had regular visitation with basically her whole life. The mother, who does have sole custody of her, has turned this into a nasty, drawn out mess in family court.

The mother filed papers back in October for relocation with the daughter to attend school in Virginia for several months and then move to Georgia, all per military orders- orders that she never submitted to the court when she filed her petition for relocation and also modification of parenting plan. She filed everything last minute, and then pushed everything through for a temporary relocation of child back in December and postponed the case for when she was done with school- he didn't object to the move but to her proposed Parenting Plan. The court case was in March but is now in May when she'll be done with school before her next assignment - supposably Georgia.

So, in March, the father receives yet another relocation and PP modification filing from her stating her orders suddenly changed and now she's due to go Korea and wants to take the daughter with her with relocate date of 5/21/06 which is a week after the trial date of the first court date. She filed the exact same paperwork other than location so it has the same case number . So when he went to file his papers for objection and get a court date, he was told that he couldn't because there was already a court date for the same thing, so he won't be able to get a court date until after the first trial is over. Well, he did file the papers as he had to file his objection paperwork in the 30 days allowed to do so.

Trying to keep this brief- this is a very typical type of thing the mother does. She is very sneaky by filing paperwork last minute so he can't contest it, but things get pushed through because of her military orders. She has never provided to court any sort of military document verifying relocation orders just her written word, yet the court has taken it as true- doesn't she have to provide the court something, especially if her orders were changed to go overseas? She's going to try to push it through in this first court case. Because of the whole situation with school in Virginia and relocation of daughter being done with by the time this May court case comes up, can this first court case be dropped if he petitions to do so , or would the judge add this second case to the first. I wouldn't think so since it's not allowing him his legal time for responding, etc.

It's just really a sad case as the mother's motive isn't what's the best for the child, but how she can get her dad out of the picture. He's always had visitation with the daughter which has been severely disrupted while this is tied up in court. Yes, having a lawyer is really what he needs, but the cheapest he's been quoted is $2500.00 up front and he makes too much for free legal. Any information that could help would be greatly appreciated.What is the name of your state?

[izza]

Thank you for your responses-

Lying about relocating to Korea IS something that she is very capable and would try to do to drag this case out even farther and somehow try to weasel out of relocating- something that she has done already more than once. This person is ruthless and will not stop until she gets her way. She is lying and lying about more than one thing- it's gathering the facts to prove it that's been the challenge. She is being subpoened to provide all of this info for trial, but as a backup, how can a civilian go about obtaining her orders for school (Virginia) and reassignment (Korea) and cancelled reassignment (Georgia) as she's not exactly trustworthy to provide accurate info. Can the Army itself or her commanding officer at Ft. Lewis be subpoened?? and if so , what would be the procedure and how to obtain her CO's name?? Information on Korea as a hardship tour- there are a couple of responses here, one absolutely not and one maybe, but not likely, on taking the daughter?? Where would one find more info on this?? She's probably known Korea for quite awhile especially since she is an officer and she's been inactive for the past 2 1/2 years to complete a Master's Program.
The father wants more than anything to have his daughter and obtain custody of her. How does that work with military - currently mom has sole custody, but because she 's doing a hardship tour, is it legal for her to be listed as sole custodian?? And the family care plan- how does it fit into all of this, because more than likely, he is not listed in that either?? It's not that the father is a horrible person, he and his daughter have a great relationship, it's that the mother is obsessed to the point of harrassment of getting him out of the picture - Thanks for any info that could help!

[fozzy2]

If you doubt her veracity as to the orders she was issued, you can tell the judge and he will probably have her provide a copy of them. However, there is a key issue here, what will most likely count for the purposes of when she was supposed to provide notice is the date on which the actual orders were 'cut'. She may well have been talking to her detailer in D.C. and planning on going to Korea for some time, but it is not until the military finalizes the orders and issues them to her that she has to give notice.

This can be a heated issue -- the 'modern' military has changed a lot and most people don't simply get "orders" like they used to. Indeed, even junior enlisteds (in the navy anyway) formally "negotiate" for orders and often have a very major say in where they will be stationed. Thus, a person can intentionally arrange to serve at a certain place, the court however treats it as though the person had no choice in the matter and is simply going as Uncle Sam directs. For example, if a service member stationed in Norfolk, VA, tries and gets a 'career enhancing' overseas tour, the court usually won't care that they turned down another tour in VA, as far as custody issues go. The other spouse may argue "they could have stayed in the area!" but as far as the court is concerned that person got 'ordered' to go overseas. The whole issue of military people and custody can be very contentious indeed.

[DRTDEVL]

Yes, it is VERY dependent on which service she is in.

The Army lets people put in a preference list online, but the ultimate result is the needs of the Army. Unless one has special circumstances, they have little actual say in where they are ordered to go.