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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12573
Experience:  Attorney experienced in all aspects of family law
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Regarding Fathers custody rights: Parents were never married

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Regarding Father's custody rights: Parents were never married nor have they ever lived together since the baby was born. Mother lives with parents, father by himself. Mother married a Marine 3 months after birth of child but never moves to marine's station.Husband visits wife at parents house when he's on leave. Now mother has petitioned court to move child to North Carolina as that is where marine husband is stationed. Father has not agreed to it as it would severely limit his access to his child. Does he have a chance at all against the mother moving his child out of state and significantly further away from his dad and his maternal grandparent with whom hes has lived so farf. Father has previously seen his son 6 day out of 7 until January when he got a job that was 10days on and 4 days off.Presently he sees his son on those days
Submitted: 4 years ago.
Category: Family Law
Expert:  Brandon M. replied 4 years ago.

Brandon M. :

Hello there.

Brandon M. :

Thank you for your question. To rephrase, the essential question is under what circumstances would a mother's petition for a move-away order be granted. I will start by saying that you should not rely on this information as advice or apply it to a specific situation without a more thorough consultation with counsel.

Customer:

yes, essentially.

Brandon M. :

To start, every case is different of course, but there is absolutely no rule that when a spouse or mother marries someone in the armed forces that it trumps the father's rights in the situation.

Brandon M. :

It is simply not true.

Customer:

ok, that's good to know. i had been told he hadn't a chance in hell

Brandon M. :

Child custody is ordered based on the best interests of the child, and that varies from situation to situation. How old is the child?

Customer:

1 year exactly

Brandon M. :

It might be that he doesn't have a chance in Hell; I am not really in a position to evaluate his chances, but I can tell you that when a spouse relocates due to being in the armed forces, it gives the member's spouse no advantage in a custody situation.

Brandon M. :

At one years of age, the court would be more inclined to permit the move than if the child was 10 years old for example... the child would not be as impacted as an older child by being uprooted from the community, having to change schools, change friends, etc., but it is still a major disruption to the child.

Brandon M. :

But the ultimate question is what is best for the child. The presumption is that any given child's best interests are met by having significant, consistent, ongoing contact with both parents. When that is not possible due to geography, the court has to consider all factors.

Customer:

The mother has never taken care of her child by herself, since she's always lived with her folks

Brandon M. :

The point is, it is certainly not a slam dunk simply because one parent wants to move to be with her spouse.

Brandon M. :

That is not how it works.

Brandon M. :

Everything relevant is considered, and remember that it is all about what is best for the child.

Brandon M. :

Does that make sense?

Customer:

and why she wants to move now when for the first 9 months of her marriage is was ok to not live with her husband seems arbitary

Brandon M. :

Kids need stability, so if mom is flighty, the court can consider that.

Customer:

ok so the fact that her husband is in the military should have no special effect on that decision. It would be just as if her husband were working for anyone. And the fact that she married this fellow who she met online never lived with and now wants to could be considered as less than "stable". She's not young, like 17, she's 22 and knows the world

Customer:

any recommendations regarding attorneys in the area of Grand junction, CO who are familiar with fathers' positions in theses kind of cases?

Customer:

another issue is that the mother's mother works for the local district attorney and has for 30 years

Brandon M. :

For legal reasons, I am actually prohibited from making a specific referral. But if you contact the Mesa County Bar Association, they can match you up with someone: http://www.cobar.org/index.cfm/ID/20240/MESA/Mesa/

Customer:

ok. thank you, XXXXX XXXXX mediation?

Brandon M. :

What about mediation?

Customer:

can you recommend mediation services?

Brandon M. :

Again, I can't make specific referrals, by try this webpage: http://www.mesacourt.org/mediation.htm

Brandon M. :

Has everything made sense?

Customer:

ok thank you for your help

Customer:

yes, thanks

Brandon M. :

Certainly. Let me know if further clarification is needed, and please keep in mind that the experts are not credited for unaccepted answers; even where I cannot solve every problem in a case, my hope is that you can at least feel confident in your knowledge of your rights so you can get the best legal outcome under the circumstances, whatever that outcome may be. Please remember to click accept once you are finished. Thank you.

Customer:

thanks for your help, Brandon. Is there anything else that I should have asked you that I haven't because it hasn't occurred to me?

Brandon M. :

No, but if the father is in a financial position to at least consult with an attorney, I would strongly recommend that he meet face-to-face for an hour or two to go over the details of his case. You asked about an attorney-referrals, so I am hoping that will happen.

Customer:

ok thanks

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