Re: DIRE SITUATION - Plse help!

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Posted by:

Frank

on January 17, 2008 at 17:15:32:

All4mychild, thanks for explaining things a bit further. From what I understand you have made several big mistakes on your way to your current situation. Not paying your child's court-appointed attorney is going to cost you more than whatever she was charging. Bad move. This puts you in a bad light from the start.

Beyond that, you are not playing your cards well at all in terms of the time lines. When the father and SM moved away that was a great time to solidify custody in Calif. A golden opportunity for you, was turned upside down because you followed them to Oregon. If you had done something - anything - in the first 6 months about where you lived you had the upper hand.

But waiting two years is way too long. No lock is going to keep you in a state you don't want to live in for two years. A child gets friends and schoolmates in 2 years and settles in to the new home. The forum for your court cases also switches to Oregon if you both move. After 6 months if both parents move, the jurisdiction is supposed to change to the more convenient forum. You gave the father home-court jurisdiction on a silver platter.

Even worse, you moved back to California without your child. This is not viewed the same as if the father had moved away taking the child. It is seen more as you abandoning the child because you are the one who moved. This fact alone could have cost you custody.

The clincher is that you waited 7 months without seeing the child at all. This may not have been your plan, but you essentially open yourself up as a parent who did not help raise the child for a long time. Most parents in your situation don't let more than a month go by without seeing the child. That was your last chance.

Now it is too late. The most recent court order gave the father custody, which means that you are the non-custodial parent now. I don't see much chance of that changing. The only thing you could possibly do to salvage a relationship with your child is to move back to Oregon. You can get a job. You may not like the job you get, but how much longer do you want to live without your child? How would you like it if your parents lived in different states?

Even if you do the right thing and move back to OR, you would not have custody again. But you would have regular parenting time with her.

If you do not move back there, things are going to be tough. It sounds as if the Dad and/or stepmom are turning your child against you. Is that happening?




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