What happens when?

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What happens when?

by Chaz White
(Bentonia, MS, Yazoo)

I was deployed to Iraq , I went on leave for midtour, my wife said she was leaving me. She agreed to take childeren to my parents. She left a day after I did to go back off of midtour and cleared the house. I had to pay housing $632 dollars for the shape she left the house in. I got full custody when I redeployed. I want to know what I can seek to defend myself from her getting custody she has done the following: seen them twice in 6years,only paid child support 3 times in 6 years, was convicted of a felony that got dropped to misdemenar as a result CPS took her son , her father adopted him., and she has nothing to do with him , also because of her conviction she can no longer work as a CNA. She showed up this weekend and said she wants the childeren for a month in the summer. I want to know if I can seek out her parental rights to be taken from her if she seeks out custody in any way or form. I should also say she lied in divorce papers sying she was not pregnant her son was born in september she signed papers in july saying she was not. Also will she have to open the case in MS where the divorce took place? She also did not show to the custody procedings.

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What happens when?

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Nov 26, 2010
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take action
by: another soldier

Normally the person that is to proceed first is the one that will get the rights first. IF you file for child support first, then when you go into court you can request primary custody...I can only assume that with her suuposed track record she won't show for court. But if you don't have anything that establishes who has rights to what, then if you drop your children off with her she can take off and she has just as much of a right to do it as you do. Especially if you are deployed even if you have a power of attorney she has the right to take those children as she pleases since you aren't in country. Even if you and everyone around knows what kind of person she is, if what you know isn't documented through court or some kind of state system, then there is no way to say that one parent has more of a right than theh other.

May 13, 2010
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Terminating Parental Rights
by: Anonymous

This saddens me. You are out there fighting for our country and your ex-wife is trying to take advantage of the freedom you are fighting for.
When my son was four(he is now 18), I terminated his father's paternity rights. I had documentation of how many times he saw or talked to him, he never paid child support or even helped me while I was pregnant, and he did not see our son on holidays or birthdays. When my son was about 10, he decided to try to be a part of his life. I let this decision up to my son and I still do. The only difference with your and my situation, is that we were not married.
The judge granted my request do to limited contact with my son. That was on my birthday 14 years ago. That was the best birthday present ever. Since this time I have been married twice and my son has two wonderful stepdads.
I say go for the termination of her rights, especially since you think she is an unfit mom. As long as she has her rights, if anything should happen to you (which I pray not) she automatically gets the children. That is why I terminated my son's fathers rights.

Mar 17, 2010
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hello
by: Anonymous

get a lawyer as soon as she files anything. I wold start a case until she starts one.

Mar 16, 2010
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by: FirstMoor

If you have full custody (and the papers to prove it), then you have a leg up. You can't keep her from going to court, but you can keep custody if you have all the documentation on your side. That is to say that you can show cause as to why she should not have custody at all in black and white.

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What happens when?

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What happens when?