Easy way Hard way

[Stephaniecj]

I'm all for them spending time with there dad, I wouldn't want them to suffer for our issues. I'm just concerned about him not returning them. He has threatned on several occasions to keep them from me.

 

[TinkerBelleLuvr]

You need to file for divorce then. Washington will be the state that should have jurisdiction since that is where the children have been living. Would your husband actually think of going AWOL with the children?

 

[Stephaniecj]

Not likely.

 

[TinkerBelleLuvr]

Then there is your answer. Are you thinking he would leave them with someone else in California and not bring them back to Washington?

 

[Stephaniecj]

No but I live in Idaho.

 

[TinkerBelleLuvr]

No but I live in Idaho.

Now I'm confused. You say that your state is Washington. Where does Idaho fit into this?

 

[Stephaniecj]

he lives in Wa, claims to have divorce papers, a lawyer and told my mother in Cali that he is going for full custody. I live in Idaho, the case would be in washington.

 

[TinkerBelleLuvr]

How long have you been in Idaho?

 

[Stephaniecj]

6 months ..

 

[Ohiogal]

So he's basically been back a month? He would have to prove you unfit to get custody. Why would he have left the children for a long deployment with an unfit mother?

That is NOT true. Both parents stand equal before the court on an INITIAL CUSTODY DETERMINATION. However mom has several things on her side that push the ball to her court. Dad will most likely NOT get primary custody. But he can get joint custody. He went on deployment because the military/government told him he had to go so that is a very weak argument to use. Not going would he meant he was AWOL which is a crime.

 

[Ohiogal]

6 months ..

When did he allegedly file in Washington?

 

[Stephaniecj]

We filed togeather sep 2008
He left dec before the court date.
I had the case reopned last oct to
Finish w/o him bc he signed an affidavit
To finish without his presence. The judge
Threw out the case because of the rediculous
Parenting plan he proposed. I had new papers for her
With the standard divorce where I have them during school
And he has them during school breaks, odd even years holidays.
She wouldn't honor the affidavit or look at the new paper work. She
Humilated me like it was my idea to put the kids in two seprate schools every other year. I signed it bc he said he wouldn't unless it was his way, I figured I could change it later. Anyway now he's back and he wanted to try to work things out. I told him our relationship is broken I have suffered to much emotional distress that is connected to him and I want to get along only for the sake of the kids. He threw a fit and now has a lawyer within the last week or so. Claiming to be after full custody .

 

[LdiJ]

We filed togeather sep 2008
He left dec before the court date.
I had the case reopned last oct to
Finish w/o him bc he signed an affidavit
To finish without his presence. The judge
Threw out the case because of the rediculous
Parenting plan he proposed. I had new papers for her
With the standard divorce where I have them during school
And he has them during school breaks, odd even years holidays.
She wouldn't honor the affidavit or look at the new paper work. She
Humilated me like it was my idea to put the kids in two seprate schools every other year. I signed it bc he said he wouldn't unless it was his way, I figured I could change it later. Anyway now he's back and he wanted to try to work things out. I told him our relationship is broken I have suffered to much emotional distress that is connected to him and I want to get along only for the sake of the kids. He threw a fit and now has a lawyer within the last week or so. Claiming to be after full custody .

Then you had best hire one as well. In particular you want to assert that Idaho has jurisdiction of the case, and to make sure that any case in WA gets dismissed...however that is assuming that I understood you correctly and that the original WA case was dismissed. If it was not dismissed then WA may still have jurisdiction.