Guardianship

[jekyl007]

your "fiance" is the LEGAL father of this child. It is way more complicated than just going in to "get divorced". That is assuming that she's had the baby. If she is pregnant, no divorce.

she is no longer pregnant.. in PA, even if you are married, the husbands name does not go on the birth certificate.. it is whoever claims to be the father that signs the birth certificate (yes I know this sounds stupid but that is how PA does it).. so none of her other two children have my fiance's last name or is he on their birth certificates.. the two year old child he does have with her, he has full custody of.. and when we asked her the other day if she would like to take him while my fiance went overseas she said no. so we asked her about guardianship and she said she will sign that.

 

[TheGeekess]

This OP is a person who wants to play fast and loose with the law.

As stated in this thread: https://forum.freeadvice.com/child-custody-visitation-37/just-observation-539519.html

 

[Ohiogal]

No, it is going to be filed as a "no fault" divorce. Since he already has custody through PA and she does not want custody back.. Oh and Oklahoma divorces are normally done in 30 days.

Oklahoma has a waiting period to get remarried in Oklahoma, but you are allowed to travel outside of Oklahoma (in this case Arkansas) to get married. You do not have to be a resident of Arkansas to do so.

Trust me, she is wanting to sign because of the legal issues with her other two children. Plus she is wanting to marry her man ASAP.

so the question is this though: Does guardianship have to be filed where childs jurisdiction is? or since it is guardianship that can be done anywhere? I already know everything I need to know about being able to go to Arkansas to get married and all that.. just the guardianship thing is what I cant seem to find anything about.

FULL FAITH AND CREDIT. If there is a waiting period in Oklahoma after a divorce then Arkansas -- under the CONSTITUTION is to abide by that. 30 days to get on the docket and a hearing and it finalized? Hmmmm... no population there huh?

 

[jekyl007]

FULL FAITH AND CREDIT. If there is a waiting period in Oklahoma after a divorce then Arkansas -- under the CONSTITUTION is to abide by that. 30 days to get on the docket and a hearing and it finalized? Hmmmm... no population there huh?

This is what an Oklahoma Lawyer told us on Saturday.. I was asking about the guardianship thing.. but never mind.. I am more inclined to believe an Oklahoma lawyer on the divorce thing then you guys when it comes to that since I spoke with the lawyer about that.. you guys honestly dont know nothing on here.. do me a favor, look up what I am saying about divorce in oklahoma, then look up Arkansas rules on getting married there and living out of state.. now if someone would actual like to answer my real question I had then do so.. if not then no worries I will just talk to the lawyer again tomorrow.. Nobody can keep you from going out of state to get married AS long as the state you are going to allows people from out of state to get married there..

 

[TinkerBelleLuvr]

Trust me when I say this: if the parties are TRUTHFUL, then those children that she had while married (don't care about biology right now) NEED to be addressed in that divorce.

 

[jekyl007]

Trust me when I say this: if the parties are TRUTHFUL, then those children that she had while married (don't care about biology right now) NEED to be addressed in that divorce.

both of her other kids daddys have their names on their birth certificates.. the only one who my fiances name is on is the 2 year olds.. (actually he is 2 1/2) her other two children are 15 months and 3 months old. but I will defintly ask the lawyer tomorrow if that needs to be addressed through the courts. If she says it should then we wil defintly do that.

 

[TinkerBelleLuvr]

you are NOT listening. The lawyer NEEDS to know about the kids that were born to the WIFE of your "fiance". They have to be addressed in the divorce.

 

[jekyl007]

you are NOT listening. The lawyer NEEDS to know about the kids that were born to the WIFE of your "fiance". They have to be addressed in the divorce.

if I am not mistaken, that is what I said.. that I would ask the lawyer and see if it needs to be addressed with the divorce.. she already knows about the ladys two other kids.. we dont hide anything.. we told her the whole story from a to z.. she didnt seem concerned about it at the time.. now does anyone have any info about the guardianship? does that have to be filed in the state where jurisdiction is at? or is guardianship something that can be filed in our state for both mom and dad to sign for me to have?

 

[Indiana Filer]

both of her other kids daddys have their names on their birth certificates.. the only one who my fiances name is on is the 2 year olds.. (actually he is 2 1/2) her other two children are 15 months and 3 months old. but I will defintly ask the lawyer tomorrow if that needs to be addressed through the courts. If she says it should then we wil defintly do that.

It has to be addressed so that her husband can be legally determined to NOT be the legal father of those two children. Doesn't matter that another man is on the birth certificates. Since she was married, her husband is the legal father. It must be addressed so it doesn't come back to bite him in the butt later.

Personally I would want to make sure everything is handled legally and properly so it's done correctly the first time, and you won't spend time and money fixing the problems later.

I do have a question: Why is it so important now for him to get divorced and you two married before he deplys, when it wasn't so important before? What changed between right now, and two years ago? Or even two months ago?

 

[Just Blue]

if I am not mistaken, that is what I said.. that I would ask the lawyer and see if it needs to be addressed with the divorce.. she already knows about the ladys two other kids.. we dont hide anything.. we told her the whole story from a to z.. she didnt seem concerned about it at the time.. now does anyone have any info about the guardianship? does that have to be filed in the state where jurisdiction is at? or is guardianship something that can be filed in our state for both mom and dad to sign for me to have?

The purpose of this forum is to assist people that do not have the option of state specific legal representation. You, apparently, do. Ask them to help you.

 

[jekyl007]

It has to be addressed so that her husband can be legally determined to NOT be the biological father of those two children. Doesn't matter that another man is on the birth certificates. Since she was married, her husband is the legal father. It must be addressed so it doesn't come back to bite him in the butt later.

Personally I would want to make sure everything is handled legally and properly so it's done correctly the first time, and you won't spend time and money fixing the problems later.

I do have a question: Why is it so important now for him to get divorced and you two married before he deplys, when it wasn't so important before? What changed between right now, and two years ago? Or even two months ago?

because neither of us wanted to rush into another marriage.. we wanted to live together and make sure it was going to work.. I do not have an issue with it all going through every channel if it is something that has to be addressed.. we were just under the assumption from the lawyer he spoke with previously (about 10 months ago) *well actually his dad talked to his lawyer friend* that in PA doesnt matter if the person is married or not.. the father who claims the child is the one who signs and is the legal parent.. her 15 month old has his fathers name on birth certificate and the is was paternity done through the courts for him.. the 3 month olds father is on the birth certificate but not sure if they have done the paternity on that one or not..

oh and to answer the second question.. we took a pre-marriage counciling class workshops over the weekend, and that is when we decided we would go ahead and get married.. then after speaking to lawyers and command we decided if we are going to get married then we would go ahead and do it before deployment..

 

[mistoffolees]

Oh and Oklahoma divorces are normally done in 30 days.

How do I put this nicely? Hmmm. I don't think I can.

You are either delusional or lying. I live in OK and got an OK divorce. From the time of filing, it took us 3 months just to get on the docket - and the entire divorce was almost 10 months-and ours wasn't even that complicated. I guess if my ex had not insisted on the custody evaluator (which led to nothing), it might have been possible to reduce that by a month or two.

A simple, uncontested divorce where everything is agreed between the parties in OK is unlikely to be done in less than 4-5 months MINIMUM. Where in the world did you get that 30 days was the 'normal' time?

 

[jekyl007]

How do I put this nicely? Hmmm. I don't think I can.

You are either delusional or lying. I live in OK and got an OK divorce. From the time of filing, it took us 3 months just to get on the docket - and the entire divorce was almost 10 months-and ours wasn't even that complicated. I guess if my ex had not insisted on the custody evaluator (which led to nothing), it might have been possible to reduce that by a month or two.

A simple, uncontested divorce where everything is agreed between the parties in OK is unlikely to be done in less than 4-5 months MINIMUM. Where in the world did you get that 30 days was the 'normal' time?

Soldiers that are deploying get their divorces expedited in oklahoma.. as long as they are uncontested or no fault divorces.. here you can call tomorrow and ask to speak with Carol L. Swenson.. Her number is 918-481-5898.... or if you want you can email her at [email protected].... She is an attorney in Tulsa.. with today being a holiday I am not sure if she would answer or not that is why I am waiting until tomorrow.. but trust me.. you can call and see for yourself.

I do not know why they do it for soldiers that are deploying but they do..

 

[jekyl007]

How long does it take to get a divorce in Oklahoma?
In uncontested divorces, if the divorcing parties have minor children, there is typically a 90 day waiting period between the time a divorce can be granted by the Court and the filing date of the petition. Divorces that do not involve minor children can be finalized in as little as 10 days from the date of filing the petition for divorce. If your case is contested, the divorce will usually take longer to complete than the 90 day and 10 day waiting periods due to the discovery process and dockets in family Court.

Divorce in Oklahoma | divorcenet.com


Now seeing as the custody is already taken care of through PA.. There is no involvment of the minor child with the divorce.. Even though they have a child together, the lawyer said since PA has jurisdiction then the only thing needed to be filed in Oklahoma is the divorce papers.. He has custody and she doesnt want custody back.. So not lying.. and not delusional..

 

[Just Blue]

How long does it take to get a divorce in Oklahoma?
In uncontested divorces, if the divorcing parties have minor children, there is typically a 90 day waiting period between the time a divorce can be granted by the Court and the filing date of the petition. Divorces that do not involve minor children can be finalized in as little as 10 days from the date of filing the petition for divorce. If your case is contested, the divorce will usually take longer to complete than the 90 day and 10 day waiting periods due to the discovery process and dockets in family Court.

Divorce in Oklahoma | divorcenet.com


Now seeing as the custody is already taken care of through PA.. There is no involvement of the minor child with the divorce.. Even though they have a child together, the lawyer said since PA has jurisdiction then the only thing needed to be filed in Oklahoma is the divorce papers.. He has custody and she doesnt want custody back.. So not lying.. and not delusional..

AGAIN. As it is the purpose of this forum to assist people that do not have the benefit of an ACTUAL attorney, as your lover does...PLEASE! Wait till tomorrow and ask YOUR question to said LOVERS attorney. If said attorney will even address YOUR questions.

Thanks.