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Out of State Visitation-- Sorry longer than I planned!

justmakingthebest's picture

Hey everyone! It has been a long time, I was on here for quite a while some years back and have sense been divorced and am in a wonderful relationship with an amazingly supportive guy and he has 2 kids. I need some advice on how to give advice and this is the BEST place I know for it!

Back Story:
STBH was 18 and 2 months from leaving from the Navy when OOPS! And then came #1. They got married and the BM1 was not ready to settle down... not even when pregnant. STBH has had full custody and she lost parental rights since he was like 6 months old. Then about 3 years later he went back to po-dunk midwest, ran into a chick that he went to HS with, she was already 2x divorced (age of 22) and had 2 kids... long story short, they got married soon after and she followed him to the east coast. They have a son, we will call him #2. She decided that about 9 years in that being a military wife was no good- cheated (no proof that will hold up in court) and took the kids and left. She dropped #1 off at STBH's mom's and kept #2 and moved to the tiniest midwest town EVER... Like literally population >20. STBH was on a ship in the Navy and was stuck and screwed. He had to turn over custody to his mom and let #1 finish up HS with stability since he was TDY so often and you can't really leave a 13/14 yr old for weeks at a time.

Fast forward 4 years-- STILL NOT DIVORCED. He was being cheap in the beginning and just using her lawyer. I mean he was paying her $1500 a month in Alimony and another $500 in CS soo... Kind of tapped him out. They could never come to terms on custody. He wanted visitation and to be able to have visitation where he lived, not just if he was in the midwest. Long story short, she found out he was out to sea for 3 months and had her lawyer rush a divorce to while he was gone citing that he was unresponsive. In the divorce she got 50% of retirement and full custody of #2 with no visitation. Of course when he got back he found out what happened, got a lawyer who cited the Soldiers and Sailors act and had the whole thing thrown out. This was almost 2 years ago. WE STILL CAN'T get her to agree to custody and the freaking judge to them to figure it out. He gave them until April 2018 over this last summer. Now, we are coming up on Christmas for year #4 where #2 is being denied time with his dad. She said he couldn't because of basketball. She convinced him that if he misses a practice he will get kicked off the team. We contacted the coach, principal, athletic director and the superintendent of schools who have all e-mailed us and said that there will be no repercussions if he misses a freaking middle school basketball practice.

She has alienated this child so badly and has such an intense co-dependent relationship with him. He is even scared to talk about college because he can't leave his mom. Her older 2 are the same way... it is the most bazaar situation. Anyway, I am at a loss... STBH is heart broken, the kid just doesn't know what to do, the BM is a raging B**ch and I just want to be supportive. I think that if he goes for full custody he stands a chance. I mean this woman came up with a fake heart problem and convinced the kid that he couldn't go on a cruise with us for spring break last year. We had to get the head cardiologist of the hospital to submit paperwork to get him on the plane with 3 days to spare for us leaving! It just never stops with her....

What can we do/say at this point to see him for 1/2 of winter break. We don't even care which 1/2!! Do you guys think that we would have a shot at full custody? We live in one of the best school systems in the country (like seriously top 50), we have amazing sports opportunities, we both have great jobs (she is on disability and lives of baby daddy $$). Our house is big enough for him to have his own room (he shares a closet size space with her boyfriends son)... I feel like we do, but since it has been so long since it all happened I am nervous about the $$ it would take and the heartbreak if STBH looses.

Comments

Acratopotes's picture

sorry I can't help you on this, I'm an Evil SM and say.. be happy if you do not have the skids...

maybe that's what you should do, put all these awesome pictures of you on social media and hint it's nice not to have kids around cause then you would not be able to have fun... bitch CM would immediately ship him off and say she can't handle him anymore he needs to stay with you Wink

justmakingthebest's picture

If he wasn't such an awesome kid that I truly love and my kids love, it would be soooo much easier. We all have the best time together. He never gets to do anything in the middle of nowhere town. We always have the best adventures! This year we were planning on taking him skiing for the 1st time... My kids were soooo excited, the even said they would take lessons with him so he wouldn't be alone.

Ninji's picture

What does the CO state about holiday visitation? That will tell you if you get 1/2 of the winter break and if he is PASed as badly as you think, he may not come even if you have it in the order.

Also, you probably have a very small chance at getting full custody based on what you have written. The Judge isn't going to take the kid from his mother because he has a small bedroom and they will with her boyfriend. Sorry

justmakingthebest's picture

There is no CO. The judge gave them a year to "figure it out". Legally we have no ground. We know it... All we can do is show alienation. Which is really where I was hoping that we could get custody. STBH has been denied sooooo much time and it just continues.

secret's picture

Well, maybe if he can demonstrate all his attempts to try and "figure it out" as well as all her "no"'s, it might look favorable in his favor that he tried and she wasn't having it

BethAnne's picture

If there is no court order, Dad (presuming he is on the birth certificate) has as much right to their son as mom does. He could travel to her town collect the boy from school and take him home with him. (Though I would check with a lawyer first if state lines need to be crossed).

SonOfABrisketMaker's picture

I was thinking the same thing BethAnne. Is there anything stopping dad from picking kid up and bringing him home permanently? Maybe that would light a fire under BM's butt to sign a fair agreement.

lieutenant_dad's picture

How in the eve-loving Hades did the divorce and CO get passed the first time without someone (her) LYING about where your SO was?! Unless I am missing something military-related, it boggles my mind that ANY judge would give her a second chance to "figure it out" when she purposefully tried to screw him over the last time. That little stunt ALONE should garner 50/50 custody at the least!

I have no advice other than document, document, document. Every attempt to work with her, every time she says no, every time the kid tells you he's scared to talk about something, every time she demands extra anything, every time she tells you she doesn't have money for basics AFTER paying her CS and alimony - everything. If you have texts or emails (which I suggest switching to a text-based communication plan with her so you have documentation), keep copies. Talk to her on the phone? Keep a journal of date, time, length of call, and notes from what was discussed. Keep screenshots of the call log, too, with her number displayed as proof that a call happened. Also, be as active as you can be in his public life. Go to games and take pictures of yourselves there. Get on all the school parent portals, show up to parent nights, etc. Keep copies of agendas/programs when you go. Keep receipts of anything you buy him or money you spend on him in addition to CS.

Your SO will have an uphill battle, but if he can show that he is trying to do what is best for his son, he had a better shot at custody.

justmakingthebest's picture

You would think the judge would have seen it that way... It is so frustrating working with such a small rural system!!

We are 1/2 the country away but while there with him we do take all the pictures that we can. We also finally got it worked out with the school to get grades, be on the parent portal, etc. She had him blocked from receiving any access. She also did that with his doctor, dentist and orthodontist (which STBH pays for all cost and insurance since she doesn't work!). We also took a million pictures on the 3 small visits he has been granted with us over the last 3 years.

I need to get him to start printing those texts and emails and start keeping a journal.

zerostepdrama's picture

Do you think the child would be happier if he was living your you and DH? Sounds like he is pretty enmeshed with his mother. Does SS want to live with you guys and leave his mother? Is his mother unfit to take care of him?

justmakingthebest's picture

I think that he would be happy here. There is literally nothing where he lives but cows. The whole county has 1 k-12 school that is smaller than my DD's elementary. He loves baseball and basketball but there are no real opportunities for him. Here we have amazing rec leagues and actual scouted travel ball leagues. We are more stable, have more to do in everyday life... I think that he would be happy once he got here. He is now reading at a lower grade level than when he left 3 years ago, the schools out there are just awful! The whole thing just sucks.

justmakingthebest's picture

I have contacted a local lawyer to see if we stand a chance. I am hoping that with no order, we can do this!