Guardianship

[SESmama]

Question for the seniors. If wife and hubby are still married and she has 2 additional children (although not of hubby) would the paternity of said 2 children have to be determined? Granted there is no question or contest between the parties but would is still need to be addressed? Therefore possibly making the process a little longer than a typical divorce?

And, OP, you hope she signs the papers and sends them back in a timely manner. Your whole plan rides on the fact that mom/wife considers this as important as you do.

 

[jekyl007]

Question for the seniors. If wife and hubby are still married and she has 2 additional children (although not of hubby) would the paternity of said 2 children (as well as the first child) have to be determined? Granted there is no question or contest between the parties but would is still need to be addressed? Therefore possibly making the process a little longer than a typical divorce?

And, OP, you hope she signs the papers and sends them back in a timely manner. Your whole plan rides on the fact that mom/wife considers this as important as you do.

as I stated.. the Paternity of 1 of them I know for a fact has been done.. I will call her later and ask about the paternity of the second..also, I know she will sign them because she is hoping to be married by May 23rd.. so she is wanting this done now as much as we do.. but I do also understand what you are saying.. a lot of it does ride on her.. as for the second child, in PA as long as there is a father there claiming to be the father and signing the birth certificate (in this case her fiancee) then that person who signs the birth certificate is the legal father of the child..

 

[Ohiogal]

nope. he was Army National Guard.. not active guard.. or active duty.. He is going to be concidered Active duty the middle of next month when they leave for training.. there is a difference between ANG and AD.. Guard is one weekend a month and 2 weeks a year.. what you quoted was for active duty military

You are thick -- the time period is the same for regular people in OK as well.

§ 102. Residency Requirement of Plaintiff or Defendant - Army Post or Military Reservation.

A. Except as otherwise provided by subsection B of this section, the petitioner or the respondent in an action for divorce or annulment of a marriage must have been an actual resident, in good faith, of the state, for six (6) months immediately preceding the filing of the petition.

B. Any person who has been a resident of any United States army post or military reservation within the State of Oklahoma, for six (6) months immediately preceding the filing of the petition, may bring action for divorce or annulment of a marriage or may be sued for divorce or annulment of a marriage.

Section A covers non military. Got it?

Also try reading this:
http://www.pafamilylawyers.com/CM/News/Paternity.pdf

It includes such interesting FACTS as:

Pennsylvania law requires a two-part test to be satisfied before blood test results are admitted as evidence of paternity. The first step is to determine whether the presumption of paternity applies, and the second step is to determine whether paternity by estoppel can be invoked.4 The presumption of paternity stands for the principle that “a child conceived or born during the marriage is presumed to be the child of the marriage.

That presumption is REBUTTABLE provided your beloved can prove he was no where around when the child was conceived but the child still needs mentioned in the divorce as having been born during the marriage.

Oh and where the attorney had deployed soldiers divorce signed immediately -- were both parties present?
How long is it going to take wifey poo to send the papers back from PA? What if she does not agree with them?

The child of which dad has custody needs mentioned by the way as being a child of the marriage and therefore since a minor, 90 days may still be required if he doesn't apply to have it waived. Understand? Oh and by the way here is the law on that:

Oklahoma Statutes

Title 43. Marriage

Divorce and Alimony

Current through 2008 Legislative Session

§ 107.1. Time for Final Order Where Minor Children Involved - Waiver - Educational Program - Exceptions.

A. 1. In an action for divorce where there are minor children involved, the court shall not issue a final order thereon for at least ninety (90) days from the date of filing the petition which ninety (90) days may be waived by the court for good cause shown and without objection by either party.

2. The court may require that within the ninety-day period specified by paragraph 1 of this subsection, the parties attend and complete an educational program specified by Section 107.2 of this title.

B. This section shall not apply to divorces filed for any of the following causes:

1. Abandonment for one (1) year;

2. Extreme cruelty;

3. Habitual drunkenness;

4. Imprisonment of the other party in a state or federal penal institution under sentence thereto for the commission of a felony at the time the petition is filed;

5. The procurement of a final divorce decree outside this state by a husband or wife which does not in this state release the other party from the obligations of the marriage;

6. Insanity for a period of five (5) years, the insane person having been an inmate of a state institution for the insane in the State of Oklahoma, or an inmate of a state institution for the insane in some other state for such period, or an inmate of a private sanitarium, and affected with a type of insanity with a poor prognosis for recovery;

7. Conviction of any crime defined by the Oklahoma Child Abuse Reporting and Prevention Act committed upon a child of either party to the divorce by either party to the divorce; or

8. A child of either party has been adjudicated deprived, pursuant to the Oklahoma Children's Code, as a result of the actions of either party to the divorce and the party has not successfully completed the service and treatment plan required by the court.

C. After a petition has been filed in an action for divorce where there are minor children involved, the court may make any such order concerning property, children, support and expenses of the suit as provided for in Section 110 of this title, to be enforced during the pendency of the action, as may be right and proper.

D. The court may issue a final order in an action for divorce where minor children are involved before the ninety-day time period set forth in subsection A of this section has expired, if the parties voluntarily participate in marital or family counseling and the court finds reconciliation is unlikely.

There are minor children (a minor child) involved in his divorce. PA just has jurisdiction and that needs revealed to the court. He may still have to wait the 90 days.

 

[Ohiogal]

I am talking about what she said with this

102. Residency Requirement of Plaintiff or Defendant - Army Post or Military Reservation.

A. Except as otherwise provided by subsection B of this section, the petitioner or the respondent in an action for divorce or annulment of a marriage must have been an actual resident, in good faith, of the state, for six (6) months immediately preceding the filing of the petition.

B. Any person who has been a resident of any United States army post or military reservation within the State of Oklahoma, for six (6) months immediately preceding the filing of the petition, may bring action for divorce or annulment of a marriage or may be sued for divorce or annulment of a marriage.


what she posted falls under active duty. not guard.. with national guard you can transfer wherever there is a a guard branch.. with active duty you cant just get up and move unless they relocate you.. that is to help with active duty.. with guard you still have to follow the state laws that are set forth with regards to divorce.. when we were here long enough and were going to file she said she filed in PA.. that was right after the 2 years was up for her.. also if you must know everything, I raise 4 kids, go to school at nite, and stay home with them during the day.. He works 2 jobs.. guard and his "regular" job.. so a lot of times it comes down to "we can file, but we may not make it to next pay day" and my kids come before anything else when it comes to what they need.. so I would have rather waited until now when it can be done for almost nothing, then to have taken stuff away from any of my kids.. its that plain and simple since you think you must know every detail of why we put it off for awhile

SECTION A falls under normal regular people. Try comprehension. I know it is difficult but after six months in OK he could have filed. You still have to wait ninety days unless he has filed to have that period of time waived and the court approves it.

 

[Ohiogal]

custody is already dealt with.. that is taken care of in PA.. its all under that jurisdiction.. she does not want him back.. nor does she want to file for her visitation at this point in time.. so then guardianship should be taken care of after the divorce? that is the kind of information I was actually looking for.. but will guardianship fall under the jurisdiction of PA? or is guardianship able to be handled in OK? that is the part I can find nothing about..

PA may have jurisdiction over child custody HOWEVER the child is still a child of the marriage and MUST be mentioned in the divorce paperwork. That puts the 90 day waiting period in place. Unless daddy gets it waived for good cause shown.

 

[Ohiogal]

as I stated.. the Paternity of 1 of them I know for a fact has been done.. I will call her later and ask about the paternity of the second..also, I know she will sign them because she is hoping to be married by May 23rd.. so she is wanting this done now as much as we do.. but I do also understand what you are saying.. a lot of it does ride on her.. as for the second child, in PA as long as there is a father there claiming to be the father and signing the birth certificate (in this case her fiancee) then that person who signs the birth certificate is the legal father of the child..

WRong. The presumption is that your lover is the father according to PA law. That is a rebuttable presumption that hubby can rebut but you are stating falsehoods.

 

[SESmama]

So OP situation really does hinge on the children since the divorce was never filed before these additional children came about.

Then it hinges on the mom deciding this is as important to her as it is to OP.

Then it hinges on the court allowing the divorce to take place in OK. PA has jurisdiction of 2 of the 3 children needing mentioned (if I am wrong OG please let me know). So would not OK and PA courts need to work together to get it straightened out and ensure all are mentioned as necessary?

Then it hinges on being able to get a fast tracked divorce in OK. Then being able to get AL to agree to a quickie marriage.

Boy OP, you are putting an awful lot of "maybe" into your plan.

 

[jekyl007]

You are thick -- the time period is the same for regular people in OK as well.


Section A covers non military. Got it?

Also try reading this:
http://www.pafamilylawyers.com/CM/News/Paternity.pdf

It includes such interesting FACTS as:


That presumption is REBUTTABLE provided your beloved can prove he was no where around when the child was conceived but the child still needs mentioned in the divorce as having been born during the marriage.

Oh and where the attorney had deployed soldiers divorce signed immediately -- were both parties present?
How long is it going to take wifey poo to send the papers back from PA? What if she does not agree with them?

The child of which dad has custody needs mentioned by the way as being a child of the marriage and therefore since a minor, 90 days may still be required if he doesn't apply to have it waived. Understand? Oh and by the way here is the law on that:


There are minor children (a minor child) involved in his divorce. PA just has jurisdiction and that needs revealed to the court. He may still have to wait the 90 days.

not from what the lawyer said on that.. but lets just give you the benefit of the doubt for 5 mins.. (and no the wife was not there for one of them, she signed and didnt go to court) They never came to him for paternity of her second child.. she told them who the father was.. the courts ordered a paternity test, he did it, and was found to be the father.. I did not come here to even ask for marriage advice.. I came here asking a specific question about guardianship and if it can be filed with the divorce papers..

if something happens, which the lawyer didnt seem to think custody would be any kind of issue since there is already a custody order, but lets say if it does, I am not to worried about it if something holds up the divorce.. I will say though, the part where you have helped me is this, we defintly should do the guardianship seperate from the filing of the divorce, because I do not want the guardianship papers held up if something happens to hold up the divorce..

I am not so blinded and stupid to not think that something can go wrong at any point in a divorce hearing.. my divorce was simple, quick, and to the point..even with a minor child involved but that was in NC and that was also because he signed over his rights.. however, in this case she does still have her rights to the child, but she does not want to act on those rights at this time.. That is why the lawyer thinks there will be no issue with that.. As for her sending the divorce papers back, all I can do for now is take her word on it, she is trying to get her life straightened out and has moved so she can get away from her own mother, and she wants to start her new life with her boyfriend..

I do not like to get into a lot of detail on certain things when I am asking about one specific thing.. but if it helps give more detail into what we are dealing with then I will do so.. the question on here however had nothing to do with adultery or custody.. it was a question about if guardianship papers can be filed with divorce papers.. she does not want to sign over her rights at this point and time and I respect her for that.. I would not want to do that for my children either. So guardianship is what we have all agreed on..

 

[Just Blue]

not from what the lawyer said on that.

In 18 hours you can question your LOVERS attorney. Do so.

 

[jekyl007]

In 18 hours you can question your LOVERS attorney. Do so.

nobody is making you post on here.. if someone posts asking me something or actually trying to be helpful I will reply.. seeing as it is my thread that I started.. so instead of coming and saying that then just ignore my thread

 

[Artemis_ofthe_Hunt]

as I stated.. the Paternity of 1 of them I know for a fact has been done.. I will call her later and ask about the paternity of the second..also, I know she will sign them because she is hoping to be married by May 23rd.. so she is wanting this done now as much as we do.. but I do also understand what you are saying.. a lot of it does ride on her.. as for the second child, in PA as long as there is a father there claiming to be the father and signing the birth certificate (in this case her fiancee) then that person who signs the birth certificate is the legal father of the child..

So... another question though, WHY are YOU doing the calling? WHY are YOU doing the leg work on this? IT HAS NOTHING LEGAL TO DO WITH YOU!

As far as the LEGAL father is concerned, your fiance COULD still be considered the LEGAL father, biology or NOT. THIS is why it needs to be addressed in the DIVORCE.

 

[jekyl007]

So... another question though, WHY are YOU doing the calling? WHY are YOU doing the leg work on this? IT HAS NOTHING LEGAL TO DO WITH YOU!

As far as the LEGAL father is concerned, your fiance COULD still be considered the LEGAL father, biology or NOT. THIS is why it needs to be addressed in the DIVORCE.

well for one, he sucks at trying to explain anything.. (no offense to him) but he sometimes gets things a little squirrely. and he will admit that.. for two because we do have a child together and I have raised his son for 2 years (whether a legal stranger or not) I do want to do whatever needs to be done.. This is stuff being suggested by the military to make sure we get done before he deploys.. kind of a dot the i and cross the t thing.. Also it does have a lot legal to do with me when it comes to the guardianship.. seeing as I am the one they are wanting to make Guardian..

how can he be concidered the legal father if PA already conciders the legal father to be the person whose paternity was prooven? also I just texted her and she said they even did a paternity for the 3 month old when she was born so both children have been prooven by paternity tests through the courts to belong to the gentlemen she had them with.

 

[SESmama]

proven, not prooven.

 

[jekyl007]

proven, not prooven.

wow seriously? did not realize this was english class.. thanks

 

[Just Blue]

wow seriously? did not realize this was english class.. thanks

You also don't seem to realize this is a VOLUNTEER site as well.

While VOLUNTEERS (from the kindness of their hearts) assist YOU, other members, that don't have the benefit of an attorney, do not get their expertise. Just because YOU can't wait a few hours to call your LOVERS attorney.

Nice.