Question for DU legal eagles...

[madmom]

About two years ago I posted about how my daughter-in-law and her father took her and my three granddaughters from their home in Ohio to "visit" their grandparents in Maryland. My son did not go because he had to work. After arriving the wife called and informed my son that they were not coming back, because she did not like Ohio. After some heavy soul searching my son decided to move there and try to reunite his family. They got back together, but now are having problems again because wife got custody of 14 year old daughter from 1st marriage and the girl has been nothing but trouble. Son lost job because of going to court so much. The 14 year is habitual run away does everything in her power to disrupt the family.

Today is my middle grand daughters birthday and the 14 year is being a drama queen because she is not the center of attention. The 9 year birthday girl is quite upset, she called me crying because.."everyone is fighting on my birthday".

My question is..what kind of legal trouble would son get into if he just picked up and brought his daughters back to Ohio? He has a job and a place to stay waiting for him. Wife refuses to move. She does not work, refuses to learn to drive, but is making demands he and the girls can't and shouldn't have to live with.

There is also this issue involving her step brother that has never been resolved..

http://www.democraticunderground.com/?com=view_post&forum=1002&pid=639706

[Katashi_itto]

1. I would say have him engage a lawyer first for advice.

But from the standpoint that money drives Justice. Your son should just go. He has the money she doesnt. He can get a better lawyer.

[dkf]

2. Does that work for men?

Won't they just give her more support and custody?

Obviously I am no legal eagle...

[Katashi_itto]

3. What decade are you talking about? If he provides good documentation and has a good lawyer

it shouldnt be to great an issue. Provided he lays the groundwork and plans it out. It's always about planning your inital strategy.

[dkf]

7. So its more even now? Interesting.

[Katashi_itto]

10. I would not hazard a guess. But from personal experience garnered by watching aquaintances and what

my professors have discussed, some active Lawyers it's more about getting the legal drop on your opponent.

Back several decades ago it was automacticaly assumed the woman was the better parent. Now more factors are considered.

[Go Vols]

29. Yep

I got full custody of my 5 and 8 year old children back in '93 because I was better qualified to raise the children than their mother,plus the kids wanted to live with me and said so.
Filing for custody first does make a difference.

I think where the problem will be is taking her from where she lives to another state.

[Nay]

19. OH, yes, things are much improved these days. But he MUST MUST MUST get a lawyer

immediately to stop any processes the wife may have started and to initiate his own bid for custody. IMO he has a very good chance of getting his kids because he has a job, can offer a stable home, and can take the kiddos away from the 14-yr-old runaway situation. But only if he acts fast.

[steve2470]

6. correct answer

Last edited Sun Aug 11, 2013, 06:25 PM - Edit history (1)

I looked up the Federal Kidnapping statute and apparently there is an exception for parents taking their own minor children. In Florida, in addition, there is a specific statute that prohibits taking your children more than 50 miles away from the other parent without specific valid written consent.

[Shrike47]

4. Agree with the advice to check with a lawyer.

He can take the kids and leave if he wants. To be prudent, he should take their birth certificates with him. However, the state they have lived in for 2 years will have jurisdiction over the kids, so that's the state he needs the lawyer in.

If he takes the kids and leaves the state, he shouldn't be surprised if she runs down and gets a temporary custody order and uses the police to get the kids back.

[Katashi_itto]

5. Yep, hence get the advice first before he does anything

[madmom]

9. So I'm wondering, since she is the one who is causing all the drama,

can he do the same thing? Get a custody order and move them away or make her and other daughter leave. No one but my son is financially supporting the 14 year, it is no blood relation to him. Her family won't help, no one seems to know who or where the father is.

[NightWatcher]

8. My legal advice: don't get legal advice from DU. Call a lawyer.

[LeftofObama]

11. ^^This!^^ n/t

[X_Digger]

14. +1 n/t

[westerebus]

12. Are they divorced?

In which state was the divorce filed?

Who has custody?

[madmom]

17. No they are not divorced.

[westerebus]

21. Well the place to start is getting a lawyer.

If he intends to get a divorce and seek custody he will need to do it in Maryland if that's where they live.

[The Velveteen Ocelot]

13. The legal advice you get on DU is worth what you paid for it.

He needs to hire a lawyer who can tell him exactly what the rules are in that state for moving kids out of the state.

[Boudica the Lyoness]

15. I don't think the OP was going to act on DU advice

OP is not in a position to do so anyway. I feel empathy for the OP's situation and understand the helpless feeling. I hope her son can sort this mess out.

[Brigid]

16. Tomorrow morning . . .

He should start looking for a good divorce lawyer. He should not do anything else until he gets one. That is all.

[madmom]

18. Update, I've learned some new info...

seems the land lord, who happens to be the wife's uncle, said son has to leave, he was evicted, has 20 days left, no legal note just orally. Wife and kids can stay, he has to go! I told him DO NOT leave without his kids!

[R B Garr]

20. Evicted under what grounds? Was he not on the original lease and the uncle is now balking?

Isn't the wife upset at her uncle for pulling this now? Has the wife been paying her own way at that apartment with her uncle's help? If the uncle ever took the son's money, then wouldn't that imply he has legal tenant's rights now? I'm not a lawyer, but I would think a lot of that depends on who has been paying for that apartment.

Sorry you have to go through this, but it does sound like the wife's side has been laying some groundwork that alienates your son. If your son does have more money, then I would tend to agree with the opinions here that he should use that advantage to get ahead of their curve balls in any and every way possible. And I don't blame the young girl for not liking people fighting on her birthday. It sounds like you are very caring, and they are both lucky to have you on their side. Best of luck with this!

[madmom]

23. Don't know the grounds for eviction other than her family

doesn't like him. He is the only one paying the bills, he is even the sole support for the 14 year old, who is not his child. The wife isn't upset about any of this, she wants to move to the apartments for low income people (which in this town is a crime ridden, drug infested, ghetto like area) He makes minimum wage and is supporting 6 people. She will not get a job, she says no one will hire her because of the schedule she must keep because of the kids (like there was never a women with problem before ) She says the older one is bi-polar but won't get her help, just lets her use it as an excuse for being a nasty person to her siblings.
It's tearing hubby and I apart knowing our grand daughters are going through this and we can't do anything about it. We can't even console properly as we are 400 miles away.

[Lee-Lee]

24. No legal paperwork

= no eviction in most states.

[flvegan]

22. Paragraph 3 answer: a lot. Solution: get a good lawyer.

I know, most of DU hates them (until they need one).

[nil desperandum]

25. GOOD LAWYERS

Justice in America is all about the better financed party getting justice while the lesser financed party tends to not get so much justice.....it's why decent criminal defense lawyers with resources routinely get far better outcomes than public defenders who are working with minimal resources and minimal compensation.

Spot on.

[librechik]

26. the plaintiff is on minimum wage. Good luck getting a lawyer.

but so is defendants, so maybe look for low income assistance arbitrator, id any exist in that corner of
ohio. Call the ACLU and ask for a recommendation.

[duffyduff]

30. I don't see where he has a choice. It's that or risk being charged with kidnapping. n/t

[Jesus Malverde]

28. an Amber alert....nt

[Lee-Lee]

31. The more I read this, the more it seems like

She planned this all an set him up.

Got him to mor away from all his support network, where she had more.

Got him to move into a home that her family had control of and could evict him.

She has all the advantages here- they will boot him and he will be out with no place to go, still legally bound to support the kids, and no way to even afford to put together a home for his kids if he was to try and get them, much less also afford the lawyer.

Since the default is the kids go to the mom, and mom will be keeping them in the same home and more "stable", an he will likely be petitioning to take them back to Ohio, his odds of getting custody seem slim to none.