ORLadyWaiting
Junior Member
What is the name of your state?OR
Sorry, this is going to be a long one. My divorce was originally filed in Idaho in Oct 2003, one month after our second child was born. It was up for dismissal by June 2004 because appropriate action was not taken in their specified time period (6 mo). We filed to retain the case in June 2004. The extension was for another 6 mo, at which time it would be dismissed if it was not resolved by December. December has come ane gone, and the court still has not dismissed the case. I need it dismissed because of an out of state move. I want to refile in Oregon.
Long story short(end), we agreed to move to Oregon last August with the children. We did make the move. In November 2004, my husband "went out to get groceries" with our 2 year old and never returned. He was located back in Idaho two weeks later. The agreement was made with both attorneys present, but his attorney failed to file it with the court. She withdrew as his counsel in December. I have been unable to contact my attorny since February. The court assistance clerk has been less than helpful.
My STBX will not allow me to see or talk to my 2 year old. He left our then 11 month old with me. Our younger child is disabled (cerebral palsy, epilepsy, and developmentally delayed), and my ex not only terminated his health coverage, he doesn't pay ziltch for his care. His denied claims have been billed to me for over $20,000 in the last 3 months alone.
My STBX wants me to terminate my rights to our 2 year old, and he wants to terminate his rights to our now-17 month old. He does not want to be a parent to a disabled child. (He calls him "defective"). He says if I refuse, he will continue to seek full custody of both children because he does not want to pay child support.
So...is there a way to file something in Oregon with the Idaho case still outstanding? The one in Idaho should have been dismissed long since, but it hasn't. I need to get my child back before stbx has him for more than 6 months (the "primary parent" test). Before all of this went down, I was a stay at home mother. Stbx had little to do with the kids. He moved out when the baby was one month old. What are his chances of getting both kids? I have no record, a full time job, and I live on my own and support myself and my son. He is unemployed and lives with his parents. He has a record of domestic abuse. I am 28, he is 27. I don't know if it matters at all, but he left because he's gay.
What do I do to get my child back? Sorry for being so long winded, and thanks for taking the time to read this.
Sorry, this is going to be a long one. My divorce was originally filed in Idaho in Oct 2003, one month after our second child was born. It was up for dismissal by June 2004 because appropriate action was not taken in their specified time period (6 mo). We filed to retain the case in June 2004. The extension was for another 6 mo, at which time it would be dismissed if it was not resolved by December. December has come ane gone, and the court still has not dismissed the case. I need it dismissed because of an out of state move. I want to refile in Oregon.
Long story short(end), we agreed to move to Oregon last August with the children. We did make the move. In November 2004, my husband "went out to get groceries" with our 2 year old and never returned. He was located back in Idaho two weeks later. The agreement was made with both attorneys present, but his attorney failed to file it with the court. She withdrew as his counsel in December. I have been unable to contact my attorny since February. The court assistance clerk has been less than helpful.
My STBX will not allow me to see or talk to my 2 year old. He left our then 11 month old with me. Our younger child is disabled (cerebral palsy, epilepsy, and developmentally delayed), and my ex not only terminated his health coverage, he doesn't pay ziltch for his care. His denied claims have been billed to me for over $20,000 in the last 3 months alone.
My STBX wants me to terminate my rights to our 2 year old, and he wants to terminate his rights to our now-17 month old. He does not want to be a parent to a disabled child. (He calls him "defective"). He says if I refuse, he will continue to seek full custody of both children because he does not want to pay child support.
So...is there a way to file something in Oregon with the Idaho case still outstanding? The one in Idaho should have been dismissed long since, but it hasn't. I need to get my child back before stbx has him for more than 6 months (the "primary parent" test). Before all of this went down, I was a stay at home mother. Stbx had little to do with the kids. He moved out when the baby was one month old. What are his chances of getting both kids? I have no record, a full time job, and I live on my own and support myself and my son. He is unemployed and lives with his parents. He has a record of domestic abuse. I am 28, he is 27. I don't know if it matters at all, but he left because he's gay.
What do I do to get my child back? Sorry for being so long winded, and thanks for taking the time to read this.
