Have a question no one seems to know the answer to?

[wompas33]

About 2.5 years ago my ex-wife and I were divorced. We both have equal custody 6 months and 6 months. However, the children are about to start school so I am taking her back to court for full custody. However, an incident happened prior to our divorce required police intervention for the both of us. My question is since it happened prior to the divorce can it be brought back up? I have been told no and yes. Any advice would be great.

 

[Isis1]

About 2.5 years ago my ex-wife and I were divorced. We both have equal custody 6 months and 6 months. However, the children are about to start school so I am taking her back to court for full custody. However, an incident happened prior to our divorce required police intervention for the both of us. My question is since it happened prior to the divorce can it be brought back up? I have been told no and yes. Any advice would be great.

it depends. on several issues.

what exactly happened that required police intervention? be honest. can't help you if you aren't straight about it.

next question, are you and mom living in the same school district? does either one of you live in the same school district prior to the divorce?

 

[wompas33]

Both her and I were involved in a physical altercation. We both were charged by the police but never convicted. She actually did go to the Dr. and have pictures taken of injuries and I did not. Mom lives in CA, I live in MS. One of the children is already in school this year and has gone to school here with me all year and even has been selected for the "gifted program". Mom still wants to try and pick them up in dec and move her schools.

 

[Isis1]

Both her and I were involved in a physical altercation. We both were charged by the police but never convicted. She actually did go to the Dr. and have pictures taken of injuries and I did not. Mom lives in CA, I live in MS. One of the children is already in school this year and has gone to school here with me all year and even has been selected for the "gifted program". Mom still wants to try and pick them up in dec and move her schools.

dad, you really REALLY should have done something about this sooner. it's Dec already.

by law, mom has custody. and you should follow the court order.

which state has jurisdiction?

 

[wompas33]

No, no. We have joint custody. 6 months and 6 months according to our decree. MS has jurisdiction and we go to court next week. Took a while to get a date. I am trying to get it changed to have primary custody so the kids do not have to change schools.

 

[sometwo]

No, no. We have joint custody. 6 months and 6 months according to our decree. MS has jurisdiction and we go to court next week. Took a while to get a date. I am trying to get it changed to have primary custody so the kids do not have to change schools

I am so glad you have court next week ! When I read this post my heart just dropped for the child. What a mess that could be if court was not before then, chancing having to go back and forth and fighting until it was all straightened out in court.

 

[Isis1]

No, no. We have joint custody. 6 months and 6 months according to our decree. MS has jurisdiction and we go to court next week. Took a while to get a date. I am trying to get it changed to have primary custody so the kids do not have to change schools.

if MS has jurisdiction, there is a HUGE likelyhood the children will remain in MS. rarely do courts split up a school year like that. it's not good.

*phew* on the court date. mom can look at having a long distance parenting plan. since mom moved, she covers costs of transportation. is webcam visitation available?

 

[wompas33]

Mom is in the military as am I. That is why we are 2 different places. I am married and she is not. I just was unsure if she can gain custody since of our previous encounter prior to the divorce.

 

[sometwo]

Mom is in the military as am I. That is why we are 2 different places. I am married and she is not. I just was unsure if she can gain custody since of our previous encounter prior to the divorce.

Are either or both deployable?

 

[Ronin]

Depending upon where in Mississippi this 'gifted' program is, it may not be all its cracked up to be, especially in comparison with schools in California. Then again, a Mississippi court may not be inclined to see it that way

Either way, it is highly unlikely a determination on which parent will be granted primary custody will hinge on this alone. I would stop short of saying a home state court advantage is huge, as an honest best interest analysis involves many factors.

 

[TinkerBelleLuvr]

When you go for a change in custody as you are, they look at what has changed in the child's life since the last court date. Obviously, your encounter was before that last court date. If it was a problem, it should have been taken into consideration at that time.

That is NOT to say that it won't be brought up. Again, reiterate that it was PRIOR to the last court date.

In that the child is starting school, THAT is a change in circumstances in the child's life.

 

[wompas33]

The school is actually one of the best in the state thank goodness. Mom just returned from Iraq and I have never been. My current wife will always be here also, who by the way has been raising the youngest one for time than his own mother. The school age one wants to stay here more than anything. I have 2 step children with my current wife and she does not want to leave her sisters.

 

[TinkerBelleLuvr]

if you are deployed, MOM has the right to get custody of child during your deployment.

 

[CJane]

How old are the children?

Steps are NOT siblings.

The split you currently have is wholly unworkable with school-aged kids, and really terrible when they're NOT school aged.

How do you plan to show that it is in the children's best interests to remain with you in MS rather than w/their Mom in CA? Obviously you're both fit parents. Obviously the kiddos have been doing just fine w/mom during her 1/2 of the year...

 

[wompas33]

Well like I said, I have never been deployed. Mom has been twice. I just was concerned that our past incident would have some type of influence over the judges decision.