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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11823
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have a question. I'm dealing with what seems to be

Customer Question

Hello. I have a question. I'm dealing with what seems to be an impossible to fix custody order to my ex husband. When our divorce finalized back in 2011 we both agree in our mediation 50/50 custody and legal decisions. I'm a veteran/ full time GI bill student In Southern California and my ex-husband is active duty marine stationed in Hawaii. Ever since our mediation my ex has been nothing but difficult and has played the system and even got out of a mediation by playing the military card when he was fully capable to the much needed hearing. I have already been through 2 lawyers and being a veteran and full time student and single mom is financially straining as my ex is collecting at least 3X more income then me a month. Every decision he seems it has to pass through him as if my daughters life is a game to be played with. My daughter is in Hawaii for the summer and he picked her up from iowa (my home of record) where my parents have been very attentive to her educational and being supportive in anyway. He has lied countless times and has withheld information about what his address is and where my daughter goes when he's at work. Now he is threatening me by not releasing my daughter to me and has already enrolled her in school in Hawaii without anyone's consent except his own. Is this allowed? Can a military father who has 50/50 custody just take it upon himself to make a huge decision and exclude the biological mother when there is no law or order placed saying I can't? I have called around all over Hawaii because I am flying out there but I'm nervous that I will be yet alone on this legal nightmare. Please is there any direction I can take from this? Please don't tell me I have to get a lawyer because I have heard this many times as an answer and I have twice already with nothing accomplished and robbed of my money and yet again I will be crossing my fingers and calling for a lawyer tomorrow. Sorry for the rant but I am upset at how criminal minds are okayed in the legal system, at least from this experience..
Submitted: 2 years ago.
Category: Family Law
Expert:  P. Simmons replied 2 years ago.
My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.I am sorry for the dilemma. can you tell me, is there a custody order in place? What does it say regarding her...is he required to return her (according to the order) by a certain date?
Customer: replied 2 years ago.
Hello. I have a question. I'm dealing with what seems to be an impossible to fix custody order to my ex husband. When our divorce finalized back in 2011 we both agree in our mediation 50/50 custody and legal decisions. I'm a veteran/ full time GI bill student In Southern California and my ex-husband is active duty marine stationed in Hawaii. Ever since our mediation my ex has been nothing but difficult and has played the system and even got out of a mediation by playing the military card when he was fully capable to the much needed hearing. I have already been through 2 lawyers and being a veteran and full time student and single mom is financially straining as my ex is collecting at least 3X more income then me a month. Every decision he seems it has to pass through him as if my daughters life is a game to be played with. My daughter is in Hawaii for the summer and he picked her up from iowa (my home of record) where my parents have been very attentive to her educational and being supportive in anyway. He has lied countless times and has withheld information about what his address is and where my daughter goes when he's at work. Now he is threatening me by not releasing my daughter to me and has already enrolled her in school in Hawaii without anyone's consent except his own. Is this allowed? Can a military father who has 50/50 custody just take it upon himself to make a huge decision and exclude the biological mother when there is no law or order placed saying I can't? I have called around all over Hawaii because I am flying out there but I'm nervous that I will be yet alone on this legal nightmare. Please is there any direction I can take from this? Please don't tell me I have to get a lawyer because I have heard this many times as an answer and I have twice already with nothing accomplished and robbed of my money and yet again I will be crossing my fingers and calling for a lawyer tomorrow. Sorry for the rant but I am upset at how criminal minds are okayed in the legal system, at least from this experience..The custody order is very vague and it only says 50/50. I have filed for mediation but he gets out of appearing somehow by using his military duties as an excuse. Now he is keeping my child from me because I trusted our verbal agreement for my daughter to be with him for the summer and now he went behind my back and enrolled her into school and has made plans to keep her on the island with no other support only himself. Isn't this kidnapping? Can I get a subpoena for him violating our agreement for both parents to agree and not make rash decisions without the other? I have talked to numerous amounts of people from legal, military aid and they all seem to keep protecting him and no one is helping me. I have done nothing wrong and I have not violated any laws at all. How do I keep getting pushed over when everyone is allowing this kidnapping to take place? I would like to speak to you on the phone but I don't have any information on how much it costs. Please don't give me a vague answer. Please be the one person to at least help me guide me to the right direction. I don't want to lose faith in our legal system completely. Isn't the law here to protect innocent people from criminals? Then why are they allowed to keep commiting the crimes?
Expert:  P. Simmons replied 2 years ago.
It seems like you just pre-post of the information from your original question. Did you see my question?
Customer: replied 2 years ago.
You asked about my custody agreement and I answered you by saying it's vague and nothing formal or indetail is in place. Did I just pay $60 for you to tell me nothing and does this count as another question? Is this a scam because it sure seems like one..
Thank you for ripping me off. You prove all lawyers are alike, useless money leachers.
Expert:  P. Simmons replied 2 years ago.
Ma'am I am sorry for the confusion. There is no need for name-calling. Are you telling me there is no court issued custody order?
Expert:  P. Simmons replied 2 years ago.
And as for your allegations that this is a scam, as a fellow veteran I can assure you this is not a scam. I've been working on the site for over seven years and have helped thousands of customers like yourself.
Customer: replied 2 years ago.
No there is no formal custody agreement. We have 50/50 custody in all matters concerning my daughter. For example there is nothing formal court ordered saying anything about a particular decision (ex. School, vacation, medical, etc.)
So am I going to get charged extra for this because if I have to keep repeating myself each question then I want a refund.
Expert:  P. Simmons replied 2 years ago.
Ma'am I have not even attempted to answer the question yet, I'm still trying to gather information. Your deposit remain in place until you're satisfied with the answer. They're not additional charges simply for responding to questions. Again, I'm sorry for this confusion. There is a five dollar charge to talk on the phone, would you like me to send an offer?