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SkydiveStMarys

Really, really, REALLY Important question

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Here's the deal.....


Very long story made super short and to the point.


A friend of mine (male) was awarded full custody of his 2 kids, three months ago...ex wife is a total loser...bad, bad, person. He was told today that he will be put on total disability (per Doctor) for the rest of his life...he is 33.

Question.....

Can he end up losing custody of his kids because of this? If so...would the ex wife end up with the kids because she is their mother?

I have no idea and my friend is just beside himself...obviously he will seek the advice of a lawyer..but right now he is extremely sick in the hospital...he had a blood vessel rupture (they are trying to get it to stop bleeding, no luck yet) in his brian on thursday evening. Friends and family are trying to do everything possible for him now. His family lives in the south...Florida, Georgia, Texas (they all fly in!!)..he lives in Indiania.

Thanks guys for any feed back/advice!! I knew I could count of y'all!

Its been a hellish weekend...and I have got to admit this situation has been at the fore front of my mind the past three days. I wish I could have gone to Dublin. Aaaah life.....



Bobbi
A miracle is not defined by an event. A miracle is defined by gratitude.

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I am not a lawyer this is strictly my opinion

That being said....
I don't see how his being on disability would affect him having custody of his children as long as he's capable of caring for them. I would definitely recommend consulting with a lawyer who specializes in child custody in your area regarding this.
The only naturals in this sport shit thru feathers...

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*not a lawyer

but total disability does not mean totally incapacitated

if he is able to meet their needs himself OR afford for it to be done (think nanny, etc) then I don't see how it would be an issue ESPECIALLY if the mother was proven unfit already by being denied custody

ie - being in a wheelchair does not make someone an unfit parent

just my .02 - take it with a grain of salt, or shot of tequila, whichever
Life is not fair and there are no guarantees...


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A lot of lawyers have free consultations. I'd advise your friend see one.

Skydivers, non-lawyers, whomevers are not likely going to know.

There are a lot of things, I've discovered, that I'd think "No way that would happen" but according to law and good lawyers, it does.

[:/]
Paint me in a corner, but my color comes back.

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I have been dealing with a custody issue and have become a Foster Parent in this last year. Based on the laws in the state were he lives will lie your answers. Have him call CPS in his area and they can help him with some question he might have. This is one of many laws here:

"It doesn't matter if the parent is working, living in a weekly hotel/motel, or is getting government assistance as long as the child or children are provided with their basic needs being met."

Isn't that just crazy that the state of Nevada will let a child return or stay with a parent who lives in a hotel/motel?
TPM Sister#130ONTIG#1
I love vodka.I love vodka cause it rhymes with Tuaca~LisaH
You having a clean thought is like billyvance having a clean post.iluvtofly

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"Isn't that just crazy that the state of Nevada will let a child return or stay with a parent who lives in a hotel/motel?"

A roof is a roof, I guess...as long as they have great maid service, what the fuck.:D

But any how...thanks for the input...I hope all works out well for you too.

Bobbi
A miracle is not defined by an event. A miracle is defined by gratitude.

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I have a good friend who was blind from birth. She was going deaf and had lupus. She was awarded custody of her 3 children.
Illinois, not Indiana, and yes her husband was a huge loser.
Tell your friend not to stress. Your friend needs to concentrate on getting better. We have free lawyers in our area who work on cases just like that. I am sure you do, too.
Again, Your friend needs to concentrate on getting. better
skydiveTaylorville.org
freefallbeth@yahoo.com

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This is not a legal opinion...

My thoughts on this are, "Why would it affect custody of the children?" I see it as this - with which parents is it in the best interest for the children to be with? If the answer is the same now as it was then, then I don't see a big change happening.

Why would you look at it and say, "Dad is gonna be home all the time and every day to take care of the kids. He should be leaving the kids with a babysitter and working." That doesn't make sense, does it?

"Can this father take care of himself?" If the answer is "yes," then ask, "Can this father take care of his children?" If the answer is "yes" then ask, "Is it in the best interests of the children to change the custody arrangement?" If no, then inquiry over. If "yes" then ask "what changes should be made?"

Tell your friend not to worry a whole lot. If he'll be able to care for himself and his kids, he shouldn't be too concerned about losing custody.


My wife is hotter than your wife.

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Thank you...I am so glad to responded to this thread...I appreciate your advice. sincerely. I agree with you completely...its just that everyone is freaking out and its one bad piece of news after another where this situation is concerned. Trust me when I say that the family as a whole, will do whatever is necessary and in their power to keep those kids with him. Thanks again.;)

Bobbi
A miracle is not defined by an event. A miracle is defined by gratitude.

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I'm not trying to give any legal advice here because I don't have any but I do know of someone on disability that has custody of his kids. His ex is a drug user and although she loves her kids, she can't be trusted with them and she rarely sees them anyway. He might not be able to do a lot of physical labor but he takes care of them well since he's home and has the time to spend with them. I hope this will be the case with your friend. Try not to worry about it too much right now. It sounds like he needs to relax and just get better and the less stress the faster he'll heal.

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(Do not, I repeat DO NOT, take my posts seriously.)

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A friend of mine (male) was awarded full custody of his 2 kids, three months ago...



Ok, so he's already working with an attorney. Perhaps his attorney could give him some legal advice on the matter?

I know you're not in a good mood, but I do have to make a comment your not going to like here - this is obviously a very delicate situation your friend is dealing with. Do you really think posting about this on the public Internet is a smart idea? [:/]

I know you're trying to help, but putting his situation out on the Internet for all to see (including his ex and ex's attorney) probably doesn't help his cause.

Now, that said, the Americans with Disabilities Act prohibits discrimination based on a disability. On the other hand, the judge will likely rule based on what is in the best interest of the children. If he can't provide reasonable care for his kids, he might have issues. Keep in mind that just because he becomes disabled, doesn't imply that his wife is now a suitable mother, nor does it mean that he can't care for his kids...

Jeff

ps- not an attorney, but I did stay at a Holiday Inn Express last night!
Shhh... you hear that sound? That's the sound of nobody caring!

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"I know you're trying to help, but putting his situation out on the Internet for all to see (including his ex and ex's attorney) probably doesn't help his cause."

I see no problem with it...I didn't mention names, address....nothing of any kind of "personal value". He doesn't skydive...and his ex-wife is as dumb as a stump.

Thanks for your help and watching out for me, I appreciate it.

I already have one father though.;)

Bobbi
A miracle is not defined by an event. A miracle is defined by gratitude.

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Thanks for your help and watching out for me, I appreciate it.



Any time, glad I could help.

Oh, by the way, I'll give you one guess where a google search on "bobbi owens www.skydivestmarys.com" takes you. :o
Shhh... you hear that sound? That's the sound of nobody caring!

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Thanks for your help and watching out for me, I appreciate it.



Any time, glad I could help.

Oh, by the way, I'll give you one guess where a google search on "bobbi owens www.skydivestmarys.com" takes you. :o



Well, I'm not such a great guesser, so I tried it and got dz.com.

So what?

Walt

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So what?



So a buddy of mine is an investigator for a law firm. He investigates insurance fraud, and does side work digging up dirt on witnesses to discredit them. Google is the first thing he always uses. Custody battles typically have character references called. You do the math.

None of us know the intricate legal details of what's involved here. We don't even know what the disability is. The '100% disabled' could potentially be a major factor in the case. There's a reason attorney's tell their clients not to talk about their cases to anyone - I'm guessing that includes the Internet.

Honestly, I doubt any of this matters anyway. The loser ex will probably just disappear in time. Your friend will collect disability and live happily ever after with his children.
Shhh... you hear that sound? That's the sound of nobody caring!

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