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#29158 - 08/30/05 06:49 AM Custody help needed!
azhld Offline
recently joined

Registered: 08/30/05
Posts: 2
My boyfriend 2 kids have been visiting us for the last month from Oregon.We live in Mohave County.They spend the summer here every year.They are 8 and 10 years old and we live in Arizona.My boyfriend isnt divorced from thier mother and there isnt any kind of custody established through the courts.Both kids dont want to go home.Thier Moms boyfriend drinks all the time and is starting to push and hit them.Thier mother has said in front of the kids that she was going to kill herself(in fights w/ boyfriend)twice and one of the times the 8 year old had to get a knife away from her.They were already put into foster care 3 years ago for the same thing.He is susposed to take them home in 2 weeks.we were wondering if we had to or not.If he could file for temp custody and then for divoce and custody.We dont have the money for a lawyer so if anyone knows of any community resources to help out would be appreciated. [color:black] [/color]

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#29159 - 12/08/05 08:51 PM Re: Custody help needed! [Re: azhld]
Gecko Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 20602
Loc: Third rock from the sun
If they are still married AND there are NO court orders (this includes child support) with either Oregon or Arizona AND he has lived in Arizona for more than 90 days, then he could legally not return the children and file for divorce in Arizona.

That's the "good" news...now for the "bad".

You're first going to have to deal with the fact that the "status quo" that has been ongoing for several years now that is that the children have lived primarily with their mother. This also creates a "jurisdiction" problem since Oregon will most likely want to have said jurisdiction over the children and Oregon is one of the MOST father unfriendly states with the exception of a few counties (Marion County is favorable).

You're going to have to come up with reasons why the "status quo" should be changed and any allegations you make will need to be backed by evidence/witnesses. Doctor's reports, school reports, testimony by neighbors, police reports etc.

And this issue with "foster care"...why didn't Dad go for custody back then? What is so bad/different NOW as opposed to THEN?
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