Custody change

[cricketbug63]

Someone please help. My Fiance and I live in Minnesota, His ex wife lives in Oklahoma. Due to the fact that his ex wife has been picked up for 2 DWI's her parents had her declared an unfit mother and now have permanent/temporary custody of there 2 daughters and she has them on weekends. My fiance dosn't have custody of his daughters, he owes back child support for a time when he was unemployed but is paying off and continues to pay child support now (not a dead beat dad). My question is this, his ex wife is going to be sent to jail for a year and she dosn't want her parents to have there daughters. The ex called us this weekend and asked if we would take the daughters while he is in jail. My fiance said of course but she would have to sign over complete custody to him and when she gets out thwy can file for joint custody. I told the ex to go to the court house and find out how to do this. and to do it ASAP. Does anyone have any advice? Can this be done? What are my fiance's rights? Thank you in advance for any help you can give us. By the way the daughters are 6 and 8 years old.

 

[stealth2]

If the parents have custody through the courts, he's going to have to file to have that changed - and may or may not be successful. He really should speak with an attorney as this isn't a simple situation. His ex apparently has already lost custody, so may have little say in what happens next. How is it that he wasn't notified of the action by her parents?

 

[cricketbug63]

When he filed for divorce the papers read for joint custody, and that is the way he signed them. He then moved to another state. He was notified by mail 2 days before the divorce hearing to be back in Oklahoma in 2 days, He could not make it and was informed by phone that the papers were change to him giving up custody. None of this makes sense to me at all. He is not a lier and is a very good man. His ex on the other hand is not a good person, I have caught her many times in rotten lies. She claims she had the custody changed, now in my book that is not legal with out him knowing about it. There is so much more but I don't dare write it here.

 

[cricketbug63]

When he filed for divorce the papers read for joint custody, and that is the way he signed them. He then moved to another state. He was notified by mail 2 days before the divorce hearing to be back in Oklahoma in 2 days, He could not make it and was informed by phone that the papers were change to him giving up custody. None of this makes sense to me at all. He is not a lier and is a very good man. His ex on the other hand is not a good person, I have caught her many times in rotten lies. She claims she had the custody changed, now in my book that is not legal with out him knowing about it. There is so much more but I don't dare write it here. As for getting a lawyer, we were told we had to get one in Oklahoma, we live in Minnesota and there is no way we can run back and forth from state to state. We both have great jobs and right now we just can't do that.

 

[stealth2]

As for getting a lawyer, we were told we had to get one in Oklahoma, we live in Minnesota and there is no way we can run back and forth from state to state. We both have great jobs and right now we just can't do that.

Well, yeah. OK has jurisdiction. That's really his problem - noone dragged him kicking and screaming to move to MN, did they?

 

[cricketbug63]

no he was not, but that is not the point. Tha point is what can we do, if anything from Minnesota? I don't remember asking for sarcastic remarks. As for him and his ex the past is the past and both have made stupid mistakes. Some people change as they get older and he has. He can provide a great family lifestyle for his daughters. We just need to know how this can be done legeally.

 

[stealth2]

Because he has little choice as far as what he can do. He HAS to address the situation through the courts in OK, so he either HAS to appear to represent himself or he HAS to have a lawyer in OK. It is no longer as simple as Mom signing over custody - it's no longer hers to sign over. The court has already given the kids to her parents, so he HAS to go through the court. In OK. I don't know how to make it any plainer than that.