Can my kids father leave for basic training without my knowledge and not include me in his family plan?

[atms256]

What is the name of your state?- Alabama

Can my kids father leave for basic training without my knowledge and not include me in his family plan? We have Joint legal custody and he has sole custody since they stay with him Mon-Friday for school and I of course pick them up after school at the bus stop as stated in our court order. Well he has let his 21 y/o girlfriend or wife now as she states get power of attorney (through the army) over my kids while he is gone. Can they do that w/o my consent? Since he has left she has gone up to my kids school and now I can not check out my kids and she has made them car riders which prevents we from picking them up from the bus stop now. And I cant make any changes at the school since father has sole custody. I did file for an emergency hearing to get custody until we can go back to court.

 

[LdiJ]

What is the name of your state?- Alabama

Can my kids father leave for basic training without my knowledge and not include me in his family plan? We have Joint legal custody and he has sole custody since they stay with him Mon-Friday for school and I of course pick them up after school at the bus stop as stated in our court order. Well he has let his 21 y/o girlfriend or wife now as she states get power of attorney (through the army) over my kids while he is gone. Can they do that w/o my consent? Since he has left she has gone up to my kids school and now I can not check out my kids and she has made them car riders which prevents we from picking them up from the bus stop now. And I cant make any changes at the school since father has sole custody. I did file for an emergency hearing to get custody until we can go back to court.

That is the appropriate thing to do. However, sole physical custody or not the school does not have the right to limit your access to your children. You should take your court orders showing that you have joint legal custody to the school and make a bit of stink about that.

You should also try to get your orders changes so that you have joint legal AND joint physical custody. You don't have to have a 50/50 timeshare to have joint physical custody.

 

[atms256]

That is the appropriate thing to do. However, sole physical custody or not the school does not have the right to limit your access to your children. You should take your court orders showing that you have joint legal custody to the school and make a bit of stink about that.

You should also try to get your orders changes so that you have joint legal AND joint physical custody. You don't have to have a 50/50 timeshare to have joint physical custody.

Thank you!

 

[Zigner]

It will be interesting to see how the SCRA comes in to play here. Also, an "emergency" hearing is not appropriate.

 

[LdiJ]

It will be interesting to see how the SCRA comes in to play here. Also, an "emergency" hearing is not appropriate.

Please be specific about why you feel an emergency hearing is not appropriate. Also, SCRA isn't violated if temporary orders are made, pending the parent returning.

 

[atms256]

It will be interesting to see how the SCRA comes in to play here. Also, an "emergency" hearing is not appropriate.

How is it not appropriate? She is keeping me from my kids. Mind you shes only been around since August 2019?

 

[Zigner]

Please be specific about why you feel an emergency hearing is not appropriate.

What's the emergency? What threat of immediate harm to the children is present?

Also, SCRA isn't violated if temporary orders are made, pending the parent returning.

There are provisions in the SCRA that would directly affect any civil/family law matters, including postponement of any action for specified periods of time, etc.

 

[atms256]

What's the emergency? What threat of immediate harm to the children is present?
There are provisions in the SCRA that would directly affect any civil/family law matters, including postponement of any action for specified periods of time, etc.

She is in contempt of court, I am suppose to pick up my kids everyday from the bus stop, she made my kids car riders so that I can not do that. She has cut communication from me and my kids. I havent spoken/seen them since I dropped them off at school after thanksgiving break. My kids need to be with their mother not some girl they barely even know.

 

[Zigner]

She is in contempt of court, I am suppose to pick up my kids everyday from the bus stop, she made my kids car riders so that I can not do that. She has cut communication from me and my kids. I havent spoken/seen them since I dropped them off at school after thanksgiving break. My kids need to be with their mother not some girl they barely even know.

In other words, it's been two days.

 

[stealth2]

I havent spoken/seen them since I dropped them off at school after thanksgiving break.

So, uumm.... 2 days ago... Just saying.

 

[atms256]

So, uumm.... 2 days ago... Just saying.

In other words, it's been two days.

Does that even matter? I talk to my kids every single day they are 5 and 6 years of age! I see them almost everyday except when its not my weekend. Since hes been gone which he left 11/22/2019 she has threaten to call the police on me for me having MY kids on their Thanksgiving break which they were out of school. How long should I wait to take action?

 

[atms256]

So, uumm.... 2 days ago... Just saying.

Yes 2 days ago is when she went to their school and made the changes, how long should I wait to take action?

 

[adjusterjack]

Personally, I would go to the mat on this ASAP. If you can get an emergency hearing, more power to you. Hopefully you can get a court order that you can present to the school to make sure the kids don't get released to the girlfriend.

 

[stealth2]

I'd go to the school today, but then I'd be speaking with a lawyer to see best course of action.

 

[atms256]

I'd go to the school today, but then I'd be speaking with a lawyer to see best course of action.

Thank you