| Title: | What's all this fuss about 'sax and violins'? |
| Notice: | Archived V1 - Current conference is QUARK::HUMAN_RELATIONS |
| Moderator: | ELESYS::JASNIEWSKI |
| Created: | Fri May 09 1986 |
| Last Modified: | Wed Jun 26 1996 |
| Last Successful Update: | Fri Jun 06 1997 |
| Number of topics: | 1327 |
| Total number of notes: | 28298 |
I'm entering this note for a friend. She and her first husband are divorced. They share joint custody of their two children. She lives in Massachusetts; he lives in Oklahoma. As part of their custody agreement, she must send the boys to Oklahoma for a summer visit for the month of August. She does not want to send the boys alleging abuse on the part of the father. She retained a lawyer and went through the Massachusetts courts. The judge decided in her favor. However, in Oklahoma, the judge did not decide in her favor. The boys were supposed to be on a plane to Oklahoma last Saturday. They weren't. I believe she now faces contempt of court charges in Oklahoma. She feels her lawyer has been inadequate throughout the proceedings. Does anybody know of any custody groups for parents in Massachusetts that could provide her with further advice in this kind of situation? Thanks.
| T.R | Title | User | Personal Name | Date | Lines |
|---|---|---|---|---|---|
| 1188.1 | FSDB46::FEINSMITH | Politically Incorrect And Proud Of It | Mon Aug 05 1991 17:05 | 5 | |
I would suspect that much of how this would be handled would involve
where the original diverse and custody decree was issued. Without that
information, its hard to make suggestions.
Eric
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| 1188.2 | Oklahoma | YNGSTR::CANFIELD | Mon Aug 05 1991 18:14 | 3 | |
I believe this occurred in Oklahoma.
Jean
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| 1188.3 | The State Where the Children Reside | ICS::STRIFE | Wed Aug 07 1991 18:25 | 18 | |
Actually, once the divorce is final, the court in the state where the
children reside has jurisdiction. Usually, they will give "full faith
and credit" (in other owrds honor) a decision from a court in another
state unless there is substantial reason to beleive that it is not in
the best interests of the children to do so. I suspect that the
basenoter's friend must have more than unsupported allegations of abuse
for a judge to decide that she doesn't have comply with the original
court order.
As to her being found in contempt of the Oklahoma court -- unless she
wants to go to Oklahoma it realy doesn't matter a whole lot -- the
Massachusetts'd decision in essence vacated the Oklahoma order so she
has a defense to any claims of contempt.
I suspect that she can exepct to start having problems receiving her
child support payments. (Common reaction to being denied visitation.)
Polly
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