Ex with custody shipped to Iraq

[MomTryin2Improv]

What is the name of your state? Colorado.
I have a 2 year old daughter, in the custody of her father. We are supposed to have equal parenting time. He just notified me that he is in Kuwait, ready to go to Iraq in 2 days. He deliberately did not notify me of his move until he was gone for 7 days so that I could not take temporary custody of my daughter. She is in Alaska with her step mother. Is there anything I can do to get temporary custody of her while he is out of the country? He mention the Soldier Relief Act, and said there's no way I can take her.
I believe it is very important for my daughter to be with at least 1 of her parents...is there anything I can do??

 

[LdiJ]

What is the name of your state? Colorado.
I have a 2 year old daughter, in the custody of her father. We are supposed to have equal parenting time. He just notified me that he is in Kuwait, ready to go to Iraq in 2 days. He deliberately did not notify me of his move until he was gone for 7 days so that I could not take temporary custody of my daughter. She is in Alaska with her step mother. Is there anything I can do to get temporary custody of her while he is out of the country? He mention the Soldier Relief Act, and said there's no way I can take her.
I believe it is very important for my daughter to be with at least 1 of her parents...is there anything I can do??

He is BSing you. The Soldiers and Sailors Relief Act doesn't prevent a judge from TEMPORARILY changing custody if the custodial parent is unable to care for the child for a period of time. Get yourself an attorney asap and get to work on getting emergency orders for temporary custody.

 

[MomTryin2Improv]

Thank You!

Thank you so much for your quick response and hope-filled answer!! To get emergency orders, can I go through social services? My only issue is $.
Thanks again!

 

[brisgirl825]

You can see if you qualify for legal aid or file pro se.

http://www.coloradolegalservices.org/co/homepage.html

 

[MomTryin2Improv]

Pro Se

I've checked with Colorado Legal Services, I'm like $200 over their income guidelines
Where do I start with Pro se? Where do I get all of the paperwork, etc.?

 

[brisgirl825]

I've checked with Colorado Legal Services, I'm like $200 over their income guidelines
Where do I start with Pro se? Where do I get all of the paperwork, etc.?

Which state was the original CO made? That state will hold jurisdiction so you'll need to get the paperwork from that courthouse. You ask them for emergency/temporary custody papers. It may even be on the state's website.
I also recommend getting a paralegal to help fill out the paperwork to make sure it is done properly. Legalese can be very confusing at times. They usually don't charge much for that service.

 

[MomTryin2Improv]

The court order was made in colorado, however I now live in a different county...do I need to return to the county the order was made in, or can I go to the county in which I reside...both counties are in Colorado...

 

[LdiJ]

The court order was made in colorado, however I now live in a different county...do I need to return to the county the order was made in, or can I go to the county in which I reside...both counties are in Colorado...

Its probably wiser to go to the original county...at least for the emergency motions. However, if you can borrow the money for an attorney SOMEWHERE...this can get taken care of much more easily. At least get a consult with one.

If you are supposed to have equal parenting time...when is your next scheduled time to have the child with you?

 

[MomTryin2Improv]

The court order says "subtantially equal parenting time...the parties are not setting out a specific schedule...". It's been extremely hard to get that time because of the distance between us, and I've been genuinely concerned with tugging her between the two of us. It also states that "the party with whom the child is found shall promptly report any major problem concerning the general health or welfare of the child...." and "Each parent witll inform the other parent of any changes of business or residential address..within 7 days of the change". I would think this is an extreme problem concerning her welfare, wouldn't you? I had planned to go see her for her birthday in October...I think that's the only reason he finally told me! Otherwise, I wasn't expecting her for a visit until Christmas!
I found a form online- "Motion for Temporary Orders" Is this what I'm looking for?

 

[MomTryin2Improv]

New Info

OK. So I'm getting pretty discouraged. I've talked to 3 or 4 lawyers, and they all pretty much tell me the same thing- my daughter's step-mom has a better legal history than I do (mine includes a meth conviction, but my life is absolutely turned around now- I have a good job, am doing well with probation, and have been clean for 9 months.) and therefore I will have a hard time getting even temporary custody. Any thoughts?

P.S...custody was not taken away from me by the courts...I did so voluntarily to get my life back together so I could be a better mom.

 

[CJane]

OK. So I'm getting pretty discouraged. I've talked to 3 or 4 lawyers, and they all pretty much tell me the same thing- my daughter's step-mom has a better legal history than I do (mine includes a meth conviction, but my life is absolutely turned around now- I have a good job, am doing well with probation, and have been clean for 9 months.) and therefore I will have a hard time getting even temporary custody. Any thoughts?

P.S...custody was not taken away from me by the courts...I did so voluntarily to get my life back together so I could be a better mom.

Your court order hasn't changed since the conviction, has it? If it still states that you have substantially equal parenting time, etc then (at least in my opinion) you should still file the motion for temp custody. Be willing and able to PROVE that you're clean, make sure you're in a continuing treatment program, that you have a stable and clean place to live, etc and then file. It may be difficult, but this is your kid that you're talking about, and dad may be gone for quite awhile.

 

[rmet4nzkx]

The attorney's you consulted correctly informed you of your chances with your history of substance abuse and for that you don't have any emergency grounds. It is also true that the SSCRA will affect your right to petition to modify any custody order. If you are low on funds continue to research how to make your motions and when you have custody of your child, then file the motion in the county in CO with jurisdiction. That will also give you more time to prove you are clean and sober.

 

[titansfan]

she is your daughter

it doesnt matter wether or not the stepmom has a cleaner leagl history then you do-YOU are the child's mother, SHE is a legal stranger with no rights.as long as you stay away from whatever it was that messed you up before, you are entitled to custody of your daughter.

 

[CJane]

it doesnt matter wether or not the stepmom has a cleaner leagl history then you do-YOU are the child's mother, SHE is a legal stranger with no rights.as long as you stay away from whatever it was that messed you up before, you are entitled to custody of your daughter.

The problem with that is, that it's a sound theory, but the child is currently in the custody of someone who's MANY miles away, presumably on a military installation, and the current court order is vague enough that mom is going to have to fight just to get possession of the child.

 

[betterthanher]

it doesnt matter wether or not the stepmom has a cleaner leagl history then you do-YOU are the child's mother, SHE is a legal stranger with no rights.as long as you stay away from whatever it was that messed you up before, you are entitled to custody of your daughter.

From what I've read checking over this site, you seem to be a person who doesn't have a lot of knowledge on these subjects as people point out. Do you always make blanket statements without knowing what you're talking about?