Divorce/Child Custody

[zorae2011]

What is the name of your state (only U.S. law)? Texas

I filed for divorce in TX in August 2013. My wife who is active duty military was not served buy was told by police not to take our son out of the county we live in. She disappeared and is now in Germany with my son, and the school and everywhere on post will not allow me access to my son due to her not putting my name on anything.

Any advice would be greatly appreciated. If you need more details to give better advice, private message me.

Thank you!

 

[sandyclaus]

What is the name of your state (only U.S. law)? Texas

I filed for divorce in TX in August 2013. My wife who is active duty military was not served buy was told by police not to take our son out of the county we live in. She disappeared and is now in Germany with my son, and the school and everywhere on post will not allow me access to my son due to her not putting my name on anything.

Any advice would be greatly appreciated. If you need more details to give better advice, private message me.

Thank you!

Try getting in touch with her command. They don't like it when active military members start playing games with marriage and family issues. You can also have her served by alternate means - possibly through her command (you'd have to check with some of the other members to figure out how to do this).

 

[Proserpina]

Try getting in touch with her command. They don't like it when active military members start playing games with marriage and family issues. You can also have her served by alternate means - possibly through her command (you'd have to check with some of the other members to figure out how to do this).

The problem is, Mom had every right to take the child - the divorce isn't finalized yet and as such they have equal rights to the child.

And the police have no authority to tell Mom she can't take the child with her.

 

[stealth2]

Why wasn't she served?

 

[LdiJ]

The problem is, Mom had every right to take the child - the divorce isn't finalized yet and as such they have equal rights to the child.

And the police have no authority to tell Mom she can't take the child with her.

On top of that....

She hasn't even been served...so the divorce isn't even started and cannot be started until she IS served.

 

[LdiJ]

Try getting in touch with her command. They don't like it when active military members start playing games with marriage and family issues. You can also have her served by alternate means - possibly through her command (you'd have to check with some of the other members to figure out how to do this).

She may not be the one playing games. People don't get stationed in Germany at a moment's notice. OP may have waited until the last minute to announce that he wasn't going with her and to file for divorce, hoping that she would have no opportunity to defend herself in the divorce and custody battle.

 

[stealth2]

And interestingly enough, in a prior CS thread, OP is a woman. Huh - go figure.

 

[Ohiogal]

And interestingly enough, in a prior CS thread, OP is a woman. Huh - go figure.

Gotta love liars. Wonder if she is a new lover of the guy wanting a divorce. Or if she is just a plain and simple liar.

https://forum.freeadvice.com/child-support-98/dropping-back-child-support-571238.html

Gotta wonder when the move came from Minnesota to Texas.

What is the name of your state (only U.S. law)? Minnesota

The father of my child and I are in agreement, for a lump sum payment for her to drop the remainder of his back child support. I am wanting a legal document drawn up saying if he stops paying again, he will still be responsible for the remainder of the balance, to me.

I am unsure what the best way to go about geting tihs legal document drawn up. Any advice would be appreciated.

Thanks.

Last edited by zorae2011; 01-13-2012 at 01:38 PM.

But yet in this thread on the same day as the above she was in Texas:
https://forum.freeadvice.com/elder-law-powers-attorney-living-wills-advance-health-care-directives-115/rightful-heir-571237.html

Rightful Heir



What is the name of your state (only U.S. law)? Texas

IF my mother was an heir to an estate in Texas, but her father outlived her, Is she still a rightful heir (would her children would be heirs?).

Where would I find information on this law?

Thanks.

 

[LdiJ]

Gotta love liars. Wonder if she is a new lover of the guy wanting a divorce. Or if she is just a plain and simple liar.

https://forum.freeadvice.com/child-support-98/dropping-back-child-support-571238.html

Gotta wonder when the move came from Minnesota to Texas.



But yet in this thread on the same day as the above she was in Texas:
https://forum.freeadvice.com/elder-law-powers-attorney-living-wills-advance-health-care-directives-115/rightful-heir-571237.html

Well it is possible that jurisdiction of the CS case was Minnesota and the OP lives in TX...but yeah, there are LOTS of things not adding up.

 

[stealth2]

OR - the mother lived in TX, or the property in question is/was in TX. THAT, in and of itself does not a liar make.

It is also possible that this an account Mom/Dad share. Which is not cool on any number of levels. But jumping to conclusions isn't, either. IMO.

 

[Ohiogal]

OR - the mother lived in TX, or the property in question is/was in TX. THAT, in and of itself does not a liar make.

It is also possible that this an account Mom/Dad share. Which is not cool on any number of levels. But jumping to conclusions isn't, either. IMO.

Dad is divorcing mom and yet uses her account on this site? Mom had child support issues in 2011 and yet there is no mention of a stepchild. I can continue on why I believe that this OP is a liar.

 

[LdiJ]

OR - the mother lived in TX, or the property in question is/was in TX. THAT, in and of itself does not a liar make.

It is also possible that this an account Mom/Dad share. Which is not cool on any number of levels. But jumping to conclusions isn't, either. IMO.

My feeling that there is "lots wrong" is because a person knows many months in advance if they are going to be stationed overseas. There is lots of paperwork that has to be done in order to take a dependent with you. A passport for the child is necessary and that requires the signature of both parents.

Mom didn't just "disappear" and end up in Germany with the child. Therefore my conclusion is that dad either initially gave permission for the child to move to Germany with mom or (more likely) that the plan was that they would go as a family and dad decided at the last minute that he wanted a divorce and/or custody of the child instead. His mistake was in not getting her served before she left. Why he thought that the police would do any good is beyond me.

 

[stealth2]

Dad is divorcing mom and yet uses her account on this site? Mom had child support issues in 2011 and yet there is no mention of a stepchild. I can continue on why I believe that this OP is a liar.

People are stupid. And no, it would not surprise me that he wold use her account. Not smart, but I could see it. Screaming LIAR LIAR PANTS ON FIRE every five minutes is counterproductive, to my way of thinking. (And I'll note you made no comment wrt the TX issue...)

My feeling that there is "lots wrong" is because a person knows many months in advance if they are going to be stationed overseas. There is lots of paperwork that has to be done in order to take a dependent with you. A passport for the child is necessary and that requires the signature of both parents.

Mom didn't just "disappear" and end up in Germany with the child. Therefore my conclusion is that dad either initially gave permission for the child to move to Germany with mom or (more likely) that the plan was that they would go as a family and dad decided at the last minute that he wanted a divorce and/or custody of the child instead. His mistake was in not getting her served before she left. Why he thought that the police would do any good is beyond me.

I don't disagree. Which is why I'm waiting for some answers. IF OP decides to return and answer them...

 

[Zigner]

My feeling that there is "lots wrong" is because a person knows many months in advance if they are going to be stationed overseas. There is lots of paperwork that has to be done in order to take a dependent with you. A passport for the child is necessary and that requires the signature of both parents.

Mom didn't just "disappear" and end up in Germany with the child. Therefore my conclusion is that dad either initially gave permission for the child to move to Germany with mom or (more likely) that the plan was that they would go as a family and dad decided at the last minute that he wanted a divorce and/or custody of the child instead. His mistake was in not getting her served before she left. Why he thought that the police would do any good is beyond me.

The passport may have been obtained very early in the child's life. For a military family, that would make sense (to me.) I'm not disagreeing with your post, just pointing out that the passport may not have been obtained based solely on this move.

 

[Zigner]

Another thing to keep in mind is that the Service Members Civil Relief Act can cause this matter to be stayed until such time as the service member returns from deployment (even if she had been served prior to actually leaving.)