For my cousin

[acmb05]

What is the name of your state?Tennessee

Ok for a little background. My cousin and his ex were divorced 10 years ago. She has full custody with him having visitation every other weekend and every other Holiday. She has been living with my cousins parents for the last year partly because of an illness and partly because she was having trouble with bills.

She met a guy on the internet and within 5 days agreed to marry him. This person lives in Mississippi and she is wanting to move there, this is farther than the 150 mile range that was agreed on in their divorce. My cousin does not want her to move and is taking her to court trying to get custody. His only arguments are

1: She has only known this guy for a few weeks.

2: She and the guy lied to him and his parents about the guys name and where he worked.

3: The guy threatened his mother on the phone about his daughter moving down there with her mother and him never seeing them again.
This was after my Aunt and Uncle had a private investigator check him out and they confronted him on the phone about who he was.

4: She has no job at the moment because of her illness.

Based on just those facts I dont see much chance of them taking custody from the mother and giving it to the father(my cousin) Add this to the fact that my cousin has been giving his mother the child support every week for a year because his ex and his daughter was living with them.

I told him that regardless of that fact she can request all of that back child support and will probably get it because there was no agreement between them that my aunt would get the money.

So the question is do any or all of these excuses warrant him getting custody. They are filing a restraining order tomorrow to stop her from moving.

I personally think my Aunt is wasting her money fighting this when it could probably be easily dealt with in mediation.

One more thing, my cousins mother seems to think since she is paying the lawyer that she will have some say so in court and that since she is the grandparent she has those rights. I informed her that was a seperate issue and would have to be dealt with seperately.

The lawyer that she gave a huge retainer to today told the they have a very good chance of my cousin getting custody. My cousin has his own business but it is mostly under the table so he has nothing to prove he can support her either.

 

[nextwife]

I certainly pray the courts will have more common sense than the mom and prevent this woman from moving her child in with some virtual stranger, likely sexual preditor, that this woman met online! Hopefully dad will prevail in preventing such a moveaway. It never ceases to amaze me that any woman would be so careless and irresponsible with their child's life and rush to move in with someone who, for all she knows, could truly be a danger to them both.

 

[LdiJ]

What is the name of your state?Tennessee

Ok for a little background. My cousin and his ex were divorced 10 years ago. She has full custody with him having visitation every other weekend and every other Holiday. She has been living with my cousins parents for the last year partly because of an illness and partly because she was having trouble with bills.

She met a guy on the internet and within 5 days agreed to marry him. This person lives in Mississippi and she is wanting to move there, this is farther than the 150 mile range that was agreed on in their divorce. My cousin does not want her to move and is taking her to court trying to get custody. His only arguments are

1: She has only known this guy for a few weeks.

2: She and the guy lied to him and his parents about the guys name and where he worked.

3: The guy threatened his mother on the phone about his daughter moving down there with her mother and him never seeing them again.
This was after my Aunt and Uncle had a private investigator check him out and they confronted him on the phone about who he was.

4: She has no job at the moment because of her illness.

Based on just those facts I dont see much chance of them taking custody from the mother and giving it to the father(my cousin) Add this to the fact that my cousin has been giving his mother the child support every week for a year because his ex and his daughter was living with them.

I told him that regardless of that fact she can request all of that back child support and will probably get it because there was no agreement between them that my aunt would get the money.

So the question is do any or all of these excuses warrant him getting custody. They are filing a restraining order tomorrow to stop her from moving.

I personally think my Aunt is wasting her money fighting this when it could probably be easily dealt with in mediation.

One more thing, my cousins mother seems to think since she is paying the lawyer that she will have some say so in court and that since she is the grandparent she has those rights. I informed her that was a seperate issue and would have to be dealt with seperately.

The lawyer that she gave a huge retainer to today told the they have a very good chance of my cousin getting custody. My cousin has his own business but it is mostly under the table so he has nothing to prove he can support her either.

Dad has a really decent shot at preventing a relocation.

Your cousin's mother is completely wrong that she has any say whatsoever in court...or in the proceedings. It doesn't matter than she is paying the bill....it doesn't matter than she is a grandparent. She is not a party to the case. In fact, if the judge gets wind that she is calling the shots, it could even affect your cousin negatively. Judges are not fond of new spouses, significant others or grandparents who "call the shots".

I sincerely doubt that dad has a good shot at pri**** custody....stopping relocation yes, but pri**** custody no. Nothing you have described is a "smoking gun" issue that would give dad pri**** custody after 10 years.

 

[acmb05]

LDiJ

Thats basically what I have been telling them. My Aunts a little hard headed and my cousin is even more so than her. They are going full throttle for custody when I think they have a much better shot at just stopping the move.

Talk to my aunt today and she says that the daughter went to school today and was teling all her friends that she is moving soon.

I am afraid he is going to spend all this time on trying for custody when what he should be doing is getting an emergency injunction to stop her from moving.

Like I said the lawyer he hired(my aunt hired) told him he has a good shot but of course this was just before they handed him a big retainer.

 

[tigger22472]

What is the name of your state?Tennessee


1: She has only known this guy for a few weeks.
***This COULD come into play possibly but not likely to hold a lot of weight. We're allowed to make stupid mistakes.


2: She and the guy lied to him and his parents about the guys name and where he worked.

***Well the lying to his parents is nothing because they aren't party to this and she could tell them nothing and it not matter. As far as to dad, I agree, won't get TOO far with this. It's ate up, but not enough for custody, not to mention he'd have to prove she'd lied.

3: The guy threatened his mother on the phone about his daughter moving down there with her mother and him never seeing them again.
This was after my Aunt and Uncle had a private investigator check him out and they confronted him on the phone about who he was.

***Well your Aunt and Uncle could be making things worse than they could be. Dad would have to prove that this was said about HIM. This could show that there's a flight risk but depends on how the judge looks at it.

4: She has no job at the moment because of her illness.

**** Won't come into play unless she is so ill she can't care for the children and even then it depends on the situation.

Based on just those facts I dont see much chance of them taking custody from the mother and giving it to the father(my cousin)

****I agree

Add this to the fact that my cousin has been giving his mother the child support every week for a year because his ex and his daughter was living with them.

I told him that regardless of that fact she can request all of that back child support and will probably get it because there was no agreement between them that my aunt would get the money.

****Again I agree. Is the CS ordered through the courts? How is it ordered to be paid?

So the question is do any or all of these excuses warrant him getting custody. They are filing a restraining order tomorrow to stop her from moving.

***He might stop her from moving but to say custody just on this alone.. not likely. Dad's home and personality will come into play. Also the kids have lived with her for 10 years... it'll take a lot to get custody.



One more thing, my cousins mother seems to think since she is paying the lawyer that she will have some say so in court and that since she is the grandparent she has those rights. I informed her that was a seperate issue and would have to be dealt with seperately.

***This is a common misconception from grandparents, believing they have automatic rights. She is simply paying for the lawyer for her son. What say she has will come through her son and the lawyer but unless she files for any sort of grandparent visitation she will have nothing legal. Even then filing does not guarantee a win.

The lawyer that she gave a huge retainer to today told the they have a very good chance of my cousin getting custody. My cousin has his own business but it is mostly under the table so he has nothing to prove he can support her either.

Of course the lawyer said they have a good chance, they tend to do that quite often, especially when huge retainers are involved.