Custody


#1

The military requires that a single military parent must have the other parent sign a family care plan authorizing a secondary party such as the parent of the military parents to sign the documents giving permission. The other parent that is moving does want to authorize his parents custody if he deploy since she is able to care for the child.

Can the judge required the parent that is moving to sign the documents to have military member’s parent take custody even when they have only seen the child 3 times since birth? Can the military parent assign custody to his parent even though the moving parent is fit to have custody and been taking care of the child since birth? The parent moving is fully capable of caring for the child and was note fit to care for the child by the court. But on military disability and has a SSDI case pending. But the parent moving must move because of health reason and because either parties family member lives in the state yet the military member is frequently gone due to travel. He doesn’t see child frequently maybe 4-6 times a year and must schedule those little visitations
The moving parent has another child from a past relationship that is being affect and wants to be around our family as well. Will the judge consider the other child even though the child is not of this custody dispute?
The children are also very close and have been together since birth. Will that be a factor in the judge not splitting them up?

If not granted a move away, will the judge insist the moving parent to stay in the state even though it is nearly impossible for the military member to care for the child because of his frequent absences and no family members in the state?Will it help a custody case if the military parent is not involved or have frequent visitation because of constant obligations? Moving parent will have her doctors testify on her behalf of health issues and stressing the importance of her move.

The moving parent will bring Doctors recommendation to relocate due to health concerns, documentation of great schools and city information, number of times other parent has missed visitation and been gone since the child whole life, his attempts to falsely claim no commutation from the other parent to stop the move even though it is false and the moving parent has constant emails and a journal of documentation of informing him. A family plan that notes that the military member can not regret other assignment due to being a single parent.What other documentation will help this case? Questioning his credible due to false information given to the court from a previous temp order. Moving parent has proof. What evidence will judge accept and reject.
Also proposing a plan where he would have just as much visitation as assigned now and frequent Skype and phone communication. Please keep in mind that moving parent has been found fit to continued care for child.


#2

A judge cannot make someone sign an agreement. A judge can issue court orders instead. If these grandparents have only seen the child 3 times, then yes I would say absolutely bring that up if you go to court. The judge will consider all factors in custody cases that are relevant to his determination of what would be in the best interest of the child. The fact that the child doesn’t know the grandparents would be helpful to your case. Since you haven’t been declared unfit, unless your ex has evidence that you should be considered unfit (typically drug/alcohol abuse, severe mental/emotional problems, neglect, or abuse of the child), then the Peterson presumption will apply. The Peterson presumption is that the natural parent is to be preferred over a non-parent in custody disputes in NC. This is a presumption only, and can be overcome with sufficient evidence, but it is something that could work in your favor.

A judge can consider your medical needs, and family support in the other state, and can also consider the child’s relationship with you and his half-sibling. All of that can be considered, but again, everything is weighed to determine what is in the best interests of the child. The fact that you have been the primary caregiver and neither your ex nor his family has had a strong relationship with the child will probably be what helps you the most.


#3

If not granted a move away, will the judge insist the moving parent to stay in the state even though it is nearly impossible for the military member to care for the child because of his frequent absences and no family members in the state?

Can the judge accept evidence of dishonesty to the court questioning his credibility to tell the truth even if it has to do with interim ED and temporary custody from a hearing a year ago in a permanent hearing?
I have emails of his complete lies to the court but I didn’t have a attorney at that time and didn’t know I could present emails to the judge.

Does having depression and back issue due to pain a negative in custody? I am getting treatment and management through the VA. I am on military disability but still take my daughter to preschool and cheer practice every week.


#4

Yes, a judge could order you to remain in the state if he felt it was in the child’s best interests. You just need to show the judge that is actually in the child’s best interests to move because of a lack of contact with dad and his family, and your extensive support, family and opportunities in the new state. A judge has broad discretion in child custody cases. You can submit evidence of dad’s dishonesty, but it may not come in if the judge feels that it’s not directly relevant to his best interest of the child analysis. Your having depression could be brought up as a negative against you, however be sure to bring evidence that you are in treatment for this issue and are proactive about it. That would help you.


#5

Which party has the burden of proof?


#6

The plaintiff. If you are the defendant in the original complaint and file a counterclaim, you will have the burden on you for your case in chief on the counterclaims (essentially becoming a plaintiff) because you are now also petitioning the court for relief.