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My boyfriend is in Afghanistan for 1 year ( Private Contractor) He filied for divorce 02/2012, his ex moved to Florida with his 2 sons ( His consent) to be revisited once he returns at the end of next year. He was ordered to pay a very high amount in child support, day care, allimony, her car payment, kids insurance ( in California) she moved after the child support order for CA cost of living. She was awarded 90% him 10% due to getting deployed for a year. His lawyer failed to give him good advice on any of his options like saying no to her moving out of state, she was awarded claiming the kids on her taxes and head of household ( For the rest of their lives) along with many other things. Her job is based out of CA but she works via computer from home in Florida. I am very concerned that he wasn't givin proper advice and everything sounds very fishy. His lawyer failed to respond to the requests from her lawyer for many months now. I am afraid this is all going to go against him and he could loose all right to the kids. He has givin me power of attorney so I can seek a new lawyer and fix all the mistakes.The children are 4 and 19 months old. He just deployed 2 weeks ago.
Has the divorce been finalized? Or is it still being litigated?
Also, when did she move to Florida?
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Based on the way you stated your question, it sounds like the case has been closed out. Assuming this to be accurate, there is now a judgment in place that should clearly define your boyfriend's rights and responsibilities. This would include his time with his children and his support payment. With this in mind, he should have no current fear of losing "all right to the kids".
Once the mother has resided in Florida for at least six months, she can apply to have the case transferred to Florida. Federal legislation, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) states that any litigation involving custody of children should take place in the state in which they reside. Meaning, any future litigation would likely take place in Florida.
If your boyfriend's primary concern is the lose of rights regarding his children, he has a fairly easy way to eliminate that concern. All he needs to do is to stay involved in his children's lives. By this I mean exercising all of his visitation, staying current in his support obligation and maintaining contact with his children. As to contact, this could include sending letters and birthday cards, facilitating additional visitation whenever he is able and even texting and using Skype.
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No the divorce has not been finalized, only the child support part of it has been done. His lawyer has failed to return the papers back to her lawyer with the changes (contests) . She moved in June of this year. He requested to skype 4 days a week while he was still here in the states. He is now overseas with a major time differance. He has made daily attempts to contact the boys, but mom is always busy. She is now sending him many hateful emails claiming he is not trying to see the boys. She says he needs to not be selfish and wake up at 3am his time in order to skype the boys 4 days a week. I am very concerned with this due to him being in a war zone, working 12 hour days 6 days a week. The children are in daycare, she works from home. I assume she could keep the boys home an extra hour on skype days to let the boys see dad and vice versa. Am I wrong for thinking this? Every Min he gets he attempts to facetime, or skype the boys. She always has an excuse on why they can't . yet she is threating him saying " the custody order states they need to skype 4 days a week" and he is not fufilling that.
Based on the new information, I understand your concerns that the mother may be attempting to limit the father's contact with the children in the future. Having said that, it is equally possible that this is nothing more than the mother exhibiting the animus that often accompanies divorce actions, especially where one party is already involved in a new relationship.
I have been handling family law matters for over a decade and I've dealt with several hundred divorcing couples. The one thing you can count on in nearly every case is that there will be a lot of emotion, much of it negative. Unfortunately, this often manifests itself in one parent being controlling in regards to custody and visitation. My best guess is that this is what is happening here, the mother has directed her emotions at controlling the contact between your boyfriend and his children.
Much like I stated in the previous answer, I would suggest that your boyfriend should do everything he can to maintain regular and frequent contact with his children. He need not concern himself too much with the mother's demands, he should figure out a schedule that works for him while still being reasonable with the demands it will place on the children and the mother.
It is important that a client have a good working relationship with his attorney, especially where the client is overseas and dealing with the difficulties inherent in such a situation. If this attorney is not working out well for him, I would urge him to look into retaining alternate counsel.
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