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Civil Rights / Please Help w/Options

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  • Civil Rights / Please Help w/Options

    I am in desperate need of some tips. I am an active duty Air Force nurse stationed in California and had a child with a man that lives in Tennessee. This man and his wife have been petitioning for full custody since two weeks after he was born. My son is six months old, breastfeeding, on a breathing monitor and only seen dad on a few occasions. The father has done everthing from subpeana my cell phone, computer, hold evidentiary hearing's and the like to try to wear me down. I have asked for a stay in proceedings several times related to my military service and been denied. The legal advice I have been given is that " sorry you ended up with a magistrate that wrote legislature for equal father's rights " most recently I have been ordered to fly my child back to Tennessee every 30 days to stay with dad for ten then he flies him back to me and we do this all over again 20 days later. This would require me to stop breastfeeding. Does anyone care about my six month old being thrown on 3 hour time zone changes, six hour flights each way and no structure or stability for more than 10-20 days at a time. I don't know what to do and I need help. I have used all of my leave with the military and I am on the verge of getting in trouble, I have to take two days off to fly him there and one day off to get him from the airport. I have to show up for hearing's etc. all while this is costing me a fortune with the plane tickets etc. I am at witts end. does anyone know anything I can do?

    Any help is appreciated.

  • #2
    Re: Civil Rights / Please Help w/Options

    I wish to inform you that you can obtain a court order regarding modification of child custody. As it is not possible to further follow child custody thus you may seek modification based upon best interest of child and more economic method. The court which has previously ordered child custody is having jurisdiction to modify child custody or transfer proceedings to where you reside.

    AFF

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    • #3
      Re: Civil Rights / Please Help w/Options

      Thanks for your response. Right now this is just a temporary visitation order. I still have full custody as I was an unwed mother. There has not been a final determination on custody yet, that will be in June.

      Comment


      • #4
        Re: Civil Rights / Please Help w/Options

        I suggest you resign your commission or consider transferring custody. The military requires new entrants to reassign parental rights for this reason.
        Due to a recent promotion, I should now be referred to as Major Obvious.

        I would not be trying to provide information and knowledge if I did not sympathize.

        Some days it is just not worth chewing through the restraints to face life.

        Comment


        • #5
          Re: Civil Rights / Please Help w/Options

          Originally posted by avk7 View Post
          I am in desperate need of some tips. I am an active duty Air Force nurse stationed in California and had a child with a man that lives in Tennessee. This man and his wife have been petitioning for full custody since two weeks after he was born. My son is six months old, breastfeeding, on a breathing monitor and only seen dad on a few occasions. The father has done everthing from subpeana my cell phone, computer, hold evidentiary hearing's and the like to try to wear me down. I have asked for a stay in proceedings several times related to my military service and been denied. The legal advice I have been given is that " sorry you ended up with a magistrate that wrote legislature for equal father's rights " most recently I have been ordered to fly my child back to Tennessee every 30 days to stay with dad for ten then he flies him back to me and we do this all over again 20 days later. This would require me to stop breastfeeding. Does anyone care about my six month old being thrown on 3 hour time zone changes, six hour flights each way and no structure or stability for more than 10-20 days at a time. I don't know what to do and I need help. I have used all of my leave with the military and I am on the verge of getting in trouble, I have to take two days off to fly him there and one day off to get him from the airport. I have to show up for hearing's etc. all while this is costing me a fortune with the plane tickets etc. I am at witts end. does anyone know anything I can do?

          Any help is appreciated.
          Get a lawyer!! The circumstances you report are outrageous!

          Flying an infant back and forth like this -- heedless of the impact on the child -- the amount of time exceeding most states' visitation schedules is outrageous!

          Get a good family law attorney. And one with a good litigation record. A stop needs to be put to this right away.

          Comment


          • #6
            Re: Civil Rights / Please Help w/Options

            [QUOTE=Friend In Court;289098]Get a lawyer!! The circumstances you report are outrageous!

            Flying an infant back and forth like this -- heedless of the impact on the child -- the amount of time exceeding most states' visitation schedules is outrageous!

            Magistrate's orders do not have the force and effect of a superior court judge's orders. This order should have been appealed. You have the right to have a superior court judge review -- anew -- the matter that was before the magistrate. A trial (or hearing) de novo, it is called.

            Get a good family law attorney. And one with a good litigation record. A stop needs to be put to this right away. For the impact on the child.

            Comment


            • #7
              Re: Civil Rights / Please Help w/Options

              FIC, what you are missing is the order appears to be out of TN. OP freely chose to leave the state with the child and is subject to the courts orders. It would be great for OP to alienate the child from its father, however, the judge made it clear he is not willing to allow her to do so.
              Due to a recent promotion, I should now be referred to as Major Obvious.

              I would not be trying to provide information and knowledge if I did not sympathize.

              Some days it is just not worth chewing through the restraints to face life.

              Comment


              • #8
                Re: Civil Rights / Please Help w/Options

                Originally posted by Disagreeable View Post
                FIC, what you are missing is the order appears to be out of TN. OP freely chose to leave the state with the child and is subject to the courts orders. It would be great for OP to alienate the child from its father, however, the judge made it clear he is not willing to allow her to do so.
                A nursing infant belongs with its mother. WHen one is in the military they do not "freely choose" much of anything. They have to go where duty assigns. And the mother keeping such a young infant with her is not attempting to 'alienate the child.'

                In my opinion, the father is being an inconsiderate jerk for requiring an infant to be trekked back and forth across the country, cooped up in germ laden planes, sleep and other schedules disturbed and played havoc with -- for his convenience.


                The person who made the order is not a judge, but magistrate which makes a huge difference. A magistrate is not a judge.

                Comment


                • #9
                  Re: Civil Rights / Please Help w/Options

                  It all depends on where you and the child were living when the petition was filed by the father. If you were living in CA, then you need to file immediately for a transfer of jurisdiction.

                  Contact your legal office on base. They can help you out quite a bit, though the Air Force lawyers cannot represent you in court, they can help you organize your arguments, prepare you for court, assist in filling out legal documents, etc.

                  If the father is Air Force as well, then you really need to contact the legal office, as he would be in violation of the UCMJ for adultery.

                  Comment

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