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Son gets the shaft from ex-wife, when it comes to custody
The Mother of Son that is getting Screwed from the court & ex-daughter-n-law! | 12/14/02 | Sunflower4T

Posted on 12/14/2002 9:55:23 AM PST by Sunflower4T

I am tired of the courts looking down on the fathers that are in a custody battle for their children. My son was told that he didn't have a leg to stand on! Please, give me a break! My ex-daughter-n-law commited adultery. She went out and had an affair with another man & got pregnant by this man. In the mean time, my son & his wife at the time, didn't know if it was his or the other man's. My son stayed with her & supported her until they found out that the baby was not his! Then he left her! While they were still married, she moved out & got her own place. In the mean time she sought custody of my grand-daughter. The judge gave her full custody. My son felt he couldn't fight her, because he had to prove she was an unfit mother. In the mean time the other man moved in with her. She had a little boy by this other man. Now in the mean time the judge ordered my son to pay child-support! Which I agree on! My son needs to take care of his daughter. In the mean time my son moved in a local town near us, that doesn't generate a lot of business. He did find himself a very good job, & was starting to get himself established, when she decided to take him back to court for non-child support. The judge didn't want to here anything & thru him in jail for 6 months, and in Virginia, you serve the whole 6 months. And while he was in jail, she divorced him. Now because he was in jail for 6 months, she didn't receive anything. Now he owes her a large some of money, and lost his job, and is having a hard time finding one, due to the holidays. Now she is threatening him again and said that she was going down for a show cause, because of non-child support! We don't have the money to give her. I am going to school my self starting a new career, & my husband is a sales man. He is commision only! I know that it's not my responsiblity, but come on somebody needs to help him out. In the mean time, because she is mad at me, she will not let us see our granddaughter unless we come to her house. She refuses to allow our son to see his daughter until he pays her child support. Now because I tried to explain to her that if we come to her house, it is a slap in our face to come there & see the mistake she mad, now she won't let us see our granddaughter. What happen to you commited adultery you lose your rights as a parent? If my son had of done that he would probably would have been sent to jail! Somebody, please help! Why is it she can get away with this?


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Help!
1 posted on 12/14/2002 9:55:23 AM PST by Sunflower4T
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To: RogerFGay
ping
2 posted on 12/14/2002 10:00:01 AM PST by The Obstinate Insomniac
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To: Sunflower4T
In the modern US of ACLU, Fathers have no rights. Period!
3 posted on 12/14/2002 10:01:18 AM PST by Freedom_Is_Not_Free
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To: Sunflower4T
I hope you get some good ideas from us.
4 posted on 12/14/2002 10:01:39 AM PST by dennisw
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To: Sunflower4T
First of all, pray! Here is an article you might print off for your son. Our Father ......in Heaven
5 posted on 12/14/2002 10:06:04 AM PST by Salvation
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To: Sunflower4T
Tell him to move to Texas. Texas is like Brazil as far as child support is concerned.
6 posted on 12/14/2002 10:07:08 AM PST by Nov3
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To: Sunflower4T
This is also a good thread

The Choice for Men

7 posted on 12/14/2002 10:07:53 AM PST by Salvation
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To: Sunflower4T
"Why is it she can get away with this?"

Feminists have remolded the image of the American man as a useless, agressive, untrusthworthy pig. They have convinced the courts and child custody system of this new attitude. Feminists have also contributed greatly to creating women with the attitudes and morals of your sons ex-wife. They are destroying the American family.

Sorry I don't know how to help.

8 posted on 12/14/2002 10:09:46 AM PST by Bob Mc
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To: Sunflower4T
There is no worse agony than having your children kidnapped, the wife's actions and motives and especially the lack of the sanity of it all enforced and sanctioned by the law. It has certainly shortened my life; I agonized 15 years before my kids, aged 20 and 18, finally let me know where they were, and the communications are sparse and tenuous. I am grateful for what crumbs I get, but to be true, I have rage.
9 posted on 12/14/2002 10:13:49 AM PST by Solamente
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To: Sunflower4T
St. Joseph,Summit of Holiness

You will have to do a search with that link. Here is the article:

St. Joseph, Summit of Holiness

One Parent's Perspective

by Chris Klamer

As parents, we are the first, most important educators of our children. We help them build connections...from the haven of their homes to the hurry of the world, from the struggles of their souls to the peace of the Heavenly Kingdom. Perhaps you never looked at it quite this way. By coupling our faith with the elements of our day-to-day lives, we root our children in true self-esteem. We give them identity as Catholics and children of God. The celebration of the feast of St. Joseph the Worker on May 1st, also known to some as May Day, gives parents around the world an excellent opportunity. It is an opportunity to imbue our values through tradition and history. Moreover, it's a chance to point out new connections, parallels between their lives as members in the body of their families and their roles as members of the Mystical Body of Christ.

St. Joseph was the God-chosen leader of the Holy Family, just as your children's father was given authority over your family. But Jesus was no ordinary child, so how can we compare the vocation of St. Joseph to ours? True, Jesus was fully human and fully divine, mysteriously Incarnate. Yet, like our ordinary children, He drew so much of His formation from the leadership of His earthly father. Virtue, integrity and work ethic -- vital nourishment for a soul's healthy growth to adulthood -- were provided by St. Joseph's daily example.

And what of our example? Have we avoided uttering the phrase, "do as I say and not as I do?" St. Joseph, in thought, word and deed, provided all that was needed for Jesus to "grow in grace and wisdom." St. Joseph, second only to the Blessed Virgin Mary in strength of faith, received his leadership of the Holy Family as a direct assignment from God the Father. And he was "righteous" in the administration of his vocation (Matthew 1:18). Do we provide examples of holy God-given authority and leadership like St. Joseph?

If you answered 'yes' to these questions I've asked, you undoubtedly have a real personal knowledge of St. Joseph, and, most likely the nature of his title evoked on this feast day,"the Worker." But for many of us, the essence of this humble carpenter seems to elude us. But how can we emulate, you say of Joseph's hidden life, that which we do not know? Perhaps a reacquaintance is in order. If Joseph was upright in his sovereignty, I doubt he was King of the Recliner (much less the remote)!

So important to us is the fidelity of St. Joseph to his vocation, that popes have issued declarations and exhortations to enrich our knowledge of him. As a matter of fact, May Day was a pagan celebration that is now embraced by communists. Pope Leo XIII chose this day to invoke St. Joseph as the patron of the Universal Church in order to counter this festival. His did so with the encyclical Quamquam Pluries in 1889. On the centenary of this occasion, in 1989, Pope John Paul II issued an apostolic exhortation, Guardian of the Redeemer, to encourage us in our most difficult task of aspiring to St. Joseph's virtues. Their timing with these documents was no coincidence - only God-incidence. May 1st, a day held widely as a celebration of the anything-goes and if-it-feels-good-do-it attitudes, now holds the treasure of Heaven - the allure of the holy rather than the temporal.

The second week of April our family begins an exploration of St. Joseph, and the attributes that fathers and families should hold dear. We end our journey on May Day. For the homeschooling (or the simply curious) I have prepared a unit study and will forward it on request. But you need not be homeschooling to benefit from this time of study. Discussing about the origins of this festival and our mission to defend the faith with our lives will strengthen our Catholic roots. Talk about how Joseph must have been as a father. Visit, if only in your imaginations, the Holy Family as they complete their daily routine. Explore the issues of work and fair wage. Older children can dive further in career exploration. Younger children can delight themselves with an old fashioned Maypole Ceremony. Add Catholic flourishes to all your activities and discussions (like ending the ceremony with a May Crowning). Even the smallest one will find joy in 'Jesus's Daddy.' Every connection made to our faith gives us mortar to seal the gap from the dark of this world to the light of Christ...like St. Joseph did.

And isn't that our real mission as parents?

10 posted on 12/14/2002 10:14:44 AM PST by Salvation
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To: Sunflower4T
And of course, there is always DNA testing to find out where the paternal responsibilities lie.

Unless the girl wants to tell the truth...........???
11 posted on 12/14/2002 10:16:57 AM PST by Salvation
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To: Sunflower4T
Didn't we already discuss this in length? You had a different screenname then.

He did find himself a very good job, & was starting to get himself established, when she decided to take him back to court for non-child support. The judge didn't want to here anything & thru him in jail for 6 months, and in Virginia, you serve the whole 6 months.

Very hard to believe. They garnish wages and keep you working. Never seen a judge turn his back on the money. Your son was tossed into jail for different reasons than child support issues.

12 posted on 12/14/2002 10:20:59 AM PST by RGSpincich
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To: RGSpincich
Didn't we already discuss this in length?

My mistake this is a similar but different thread.

13 posted on 12/14/2002 10:32:19 AM PST by RGSpincich
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To: Sunflower4T
Your son made a few mistakes. First of all, in the days of no-fault divorce, the fact that your daughter-in-law committed adultery has no bearing on the case. No longer can that be considered as a factor in determining custody.

Second, you son should have filed for custody as soon as his wife moved out of the house. He should have requested at least shared custody. In almost every state, the presumption is now that shared custody is in the best interest of the child. You were a little confusing in your account. First you said he left her, then said she moved out. If he left her, he should have taken the daughter with him. If she left him, he should have immediately filed for custody and visitation rights. He might have to prove she was unfit if he wanted full custody, but not for shared custody (unless the daughter is under a year old - hard for dads to get custody at that age.)

Third, it sounds like your son quit his job and moved away from his daughter. If he lost his job through a layoff, etc., he should have gone back to court immediately to get child support modified. If he quit his job so he could move, the court will not change the child support, even if the new job pays less, or if he is unemployed for a while. The daughter should not have to suffer because dad decides to move or change jobs.

For him to get thrown in jail, he had to be behind by a very large amount - they won't do that if only a couple of months behid, especially if the dad is working. They know dad can't pay while in jail, so if he starts paying, even if he is behind, they will not toss him in jail. So I am assuming your son decided he shouldn't have to pay her because of what she did. If so, bad mistake, and he is paying the price (rightly so.)

Your son needs to find a job, then go back to court and try to get the support modified. HE will need to show that whatever wage he is making is the most he can make (due to his jail sentence or whatever the reason is). Otherwise, they will still keep charging him the same amount, and he will never get out from under it.

As far as your daughter-in-law not allowing you to see your granddaughter unless you follow her fules, get used to it. You have no rights other than what mom or dad allow you. Since your son has not pursued his custody and visitation rights, you will have to go to her house if you want to see your granddaughter.

The family court system is rigged against dads, but your son did a lot of things to make his situation worse. He will need a good lawyer to help him. For instance, your daughter-in-law cannot prevent your son from seeing his daughter (assuming there is a valid order allowing him visitation), even if he never pays her a dime. According to the law, the two issues are separate, and your son can have the sheriff help him execise his visitation rights. But a good lawyer would help him. IF he gets a lawyer that tells him to "get over it", find another lawyer.

I am not unsympathetic. I am a single father, and have had a lot of dealings with family court.I am also dating a family law attorney, so I hear a lot of these horror stories. But your son needs to stop blaming the system, step up to his responsibilities, and then pursue his rights as a parent vigorously.

14 posted on 12/14/2002 10:44:41 AM PST by CA Conservative
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To: CA Conservative
By the way, your son should make sure he is not listed as the father on the birth certificate for the baby boy, and that paternity has been established as the other man. Otherwise, he could wind up paying child support for the boy also. The law generally assumes that a child conceived during a marriage is the child of the husband, regardless of any adultery. Unless his ex wife has declared the other man as the father, and he has agreed, your son is presumed under the law to be the father, and he only has a short period of time to prove differently. After that period (two years here in CA), your son cannot challenge paternity, even with absolute proof in the form of DNA evidence.
15 posted on 12/14/2002 10:48:51 AM PST by CA Conservative
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To: CA Conservative
Any man who plans to be heterosexually active should get a vasectomy first. If he hasn't, he ought to SAY he has anyway, to get courts and others to look at the other possible fathers to any child conceived.

Women who want to have a child ought to choose for a sperm donor an ideal physical specimen from a catalog, and arrange artificial insemination with their gynecologist. There is virtually no chance that any man she knows or meets will be as good physically or mentally as these donors, who often are medical students or graduate students at top universities.

16 posted on 12/14/2002 10:54:15 AM PST by crystalk
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To: Sunflower4T
The author of this rambling post, which no doubt slants the facts in favor of her erstwhile son, has been a Freeper (ta-da--sound of trumpets) since THIS MORNING. I smell a rat, and suggest that a vanity post like this not worthy of FR be ignored by all.
17 posted on 12/14/2002 10:55:29 AM PST by JoeFromCA
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To: Sunflower4T
If she were in jail on a trumped up drug charge, would that help?

18 posted on 12/14/2002 10:56:24 AM PST by babygene
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To: CA Conservative
Yes, my son was in the rear of payments. My son moved out because of the her being pregnant. He didn't want to hurt his wife at the time, by taking their daughter away. The mother has full custody & it is at her discretion to whether or not he can see their daughter, so a sheriff can't help in this situation.
He moved to be near us. He likes living here near the water & his ex-wife always wanted to be near her family & not ours. She has always been a very difficult person to live with.
I agree with you that he needs to stand up for his rights to be able to see his daughter. But when you get beaten down like a wet puppy, you just give up! And that is what he has done. She has beaten him down so much, that he has given up. He feels that it doesn't matter what he does, it is never enough.
I was told by a lawyer that I could go after grandparents rights, the burdon of proof is on her to prove that our granddaughter would be in harms way if she comes here. And she knows that she wouldn't.

Thanks,
Sunflower4T
19 posted on 12/14/2002 11:09:35 AM PST by Sunflower4T
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To: JoeFromCA
Well, you are entitled to your opinion! I do thank you for that. But, unless you are a parent & have walked in my shoes & gone thru what I & my son have gone thru, YOU DON'T HAVE THE RIGHT TO JUDGE! I am just looking for some support & help from somebody that has been in this situation. You know JoeFromCA, I use to be like you. Self rightous! I condemed people for what they were going thru, & why didn't they do something about there situation. But, you know what the good Lord, put me in my place & made me eat every word and judgement call, that I said about anybody & everybody. Look Out! Only God has the right to judge people, we don't!
20 posted on 12/14/2002 11:19:06 AM PST by Sunflower4T
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