Is there a higher power?

[Father-in-pain]

What is the name of your state?Ohio

Situation is this.....Wife and I married for 9 and half years. Have 29 month old daughter together. Daughter has special needs (born 3 months premature, 2 brain surgeries, 1 heart surgery, cerebral palsy, 3-5 siezures per day, wears AFO braces on both legs and not walking yet, not talking yet and only saying single words). Wife and I just had final divorce hearing last week and waiting on magistrates decision. Only dispute we had in court is that wife wants to get custody and move to Florida with her cousin. I want to keep daughter right here and have both parents in daughters life. Wife told court that even if the court decides it is better for daughter to stay here with her doctors, then she is still leaving and going to Florida and will accept only seeing our daughter 2-3 months per year. In my opinion, this says alot about her as a mother. Magistrate said that she will either decide to let Mom take her and I will get extended visitation for 2-3 months a year or daughter will stay right here with me and Mom will get her for extended visitation 2-3 months per year. Now.......my wife, despite having 4 yr. college degree in accounting and a striking resume with mostly management experience has refused to look for a job and has no job waiting on her in Florida, she said that she will be living with her cousin who lives in a small 3 bedroom house with her husband and 3 young children (wife stated to the court she will just sleep on the couch), when asked what assets she wanted my wife bitterly said I'm only taking my CD collection but no furnature so she doesn't have any furnature waiting on her neither. Worse of all, my wife didn't deny the threats which she has made to take my daughter away from me so I never see her again. On the other hand.......the court has found ME to be an extremely fit father with no problems, I work a 3 on 4 off work schedule working 12 hour shifts Friday, Saturday, and Sunday and being off Monday-Thursday which is a blessing because all of my daughters appointments are Monday-Thursday, I have been there through the birth of my daughter, through her 4 months in the hospital, I'm here now and I will be here tomorrow. The twist is this.......... We are an interracial couple (I am white, wife is black). Magistrate is a black woman. Its a very small town and it got back to me that the magistrate said that if my wife would only stay here then she would make her residential parent. The funny part is that this was before she even heard our testimony? Now, without a single reason to take my daughter away from me and with my wife openly planning to establish residence outside of the state, if this magistrate still takes my daugther away can I go to a higher power to bring awareness to this obvious discrimination???? I want to be prepared and not fall into the traditional hole of self-pity that men commonly fall into and not do anything about it.

 

[stealth2]

If she rules against you, AND you can prove what she said, you'd stand a good chance on appeal. Hopefully, you have a lawyer. Hopefully, you have a plan for how to care for your child while you're working. Hopefully, you presented it as a part of your case.

If you do NOT have an attorney, I would strongly suggest you start looking for one just in case you're ruled against. You'll have a very tight window to appeal, and that is the WRONG time to start looking.

And please, try to bring up one of your old threads. It's a pain in the butt to have to keep looking back at all of your other ones to get the entire picture. Thanks.

 

[rmet4nzkx]

This sounds familiar but you keep starting new threads so it gets confusing. When you talk about being able to relocate and your shift schedule I take it you are a firefighter or other public safety employee, so it is possible that you might be able to relocate.

You have a special needs child and your exwife want's to move to FL.

You are correct, in your case, it would be in the best interest of your special needs child for both parents to share in her care and also to have some respite. It sounds as if your ex may also be suffering form post partum depression complicated with the additional stress of a special needs child, this may have also affected your marriage.

Was one of your child's surgeries to install a shunt? How does she handle temperature changes, winter, summer? That may more than anything affect which is the healthiest place to live for your daughter. What do her doctors say? They have excellent doctors in Both Florida and Ohio. Is your daughter enrolled in an early intervention program? Shriners? In any event, you daughter will need both parents or a very intense support network.

I have been in Ohio in winter and Illinois during summer so I can understand why someone might want to move to FL if the humidity wasn't a problem but it is a milder climate, but can your daughter handle the heat and humidity?

It would be best if both parents could agree, If I were a judge, it could be a difficult decision. You might want to ask for an evaluation or Guardian ad Litem to represent your child's best interest before the court.