My question involves a marriage in the state of:Ohio
Hello--to begin with, I am neither of the parties involved with the case, I'm just trying to find some answers for a friend. Here's the situation:
In 2012, the wife, B, moved out of the husband, M's, home. M and B married in 2005 and had three children. B cheated on M and decided that she no longer wanted to be in the marriage. She moved out with the kids in 2012. They had an amicable time with the children and followed a very specific parenting schedule which would allow the kids to spend several hours a day with both B and M. At this time, they were going through several court proceedings: the dissolution, bankruptcy, and foreclosure. The paperwork for the dissolution was signed and notarized, as was the parenting plan. Somehow in the shuffle, M thought that the dissolution hearing had been held, and B gave him the dissolution paperwork.
In 2013, M began dating my friend, A. Their relationship has moved along, and they are getting married later this year. A has seen the dissolution paperwork with her own eyes, though at this point, they cannot find the documents. M called the courthouse to have copies sent to him again for proof when he and A went to apply for their marriage license, and lo and behold, it turns out that the dissolution never happened. B forged the documents (and perhaps came back to the house to retrieve them at some point, because A&M cannot find them anywhere). This makes M guilty of being an idiot, but he was absolutely furious when he found out that this was never actually done. When he confronted B, she couldn't even defend her actions.
Flash forward to last week. M finally got B to complete the one parenting course they needed for the dissolution. They re-did the parenting plan and the paperwork, and had it notarized. They went before the judge, and the marriage was dissolved. The end. After court, B started screaming at M outside about how little child support he has to pay. He's only paying $100 a month for each of their three kids, but he feeds them dinner every night, sends their lunch for school, and they get fed by the school for breakfast. He also pays for all of their incidentals: school fees, extra curriculars, clothes. B doesn't even have Christmas or birthdays for them. She has a good job and manages to buy herself all kinds of designer things. B actually go so angry that she physically attacked M outside of the courthouse. She ended up falling on the ground after he put up his arms to defend himself, but there were quite a few neutral witnesses who saw everything and spoke to the court officer.
After this happened, B turned around, went back inside, and filed for a dismissal of the dissolution. The clerk actually granted a hearing, which is tomorrow. Since then, M filed a restraining order, and as of yesterday (when she was served), B has refused to allow him to see his children. He went to pick them up yesterday and she sent him a text saying that they would discuss the care and arrangement of the kids after the court hearing. M knows she is in contempt and is going to file a motion today, since the dissolution parenting plan is still in effect.
A&M are panicking at this point, because no one is sure if the judge will dismiss the dissolution. Does anyone know under what grounds the dissolution could be dismissed? B signed and notarized everything, stood in court and said it was fine, and even typed up a document explaining why M was paying so little child support and why the parenting schedule was the way it was. Does she have a chance to get the dissolution dismissed?
Obviously I am not a lawyer (or I wouldn't be here!) but my fiance is currently going through a custody battle himself. I told M that the best thing he could do outside of filing for contempt is to show up at the appropriate time to retrieve his children today and take an officer to document the refusal if possible. Is there anything else he should be doing?
Thank you for your help!
Hello--to begin with, I am neither of the parties involved with the case, I'm just trying to find some answers for a friend. Here's the situation:
In 2012, the wife, B, moved out of the husband, M's, home. M and B married in 2005 and had three children. B cheated on M and decided that she no longer wanted to be in the marriage. She moved out with the kids in 2012. They had an amicable time with the children and followed a very specific parenting schedule which would allow the kids to spend several hours a day with both B and M. At this time, they were going through several court proceedings: the dissolution, bankruptcy, and foreclosure. The paperwork for the dissolution was signed and notarized, as was the parenting plan. Somehow in the shuffle, M thought that the dissolution hearing had been held, and B gave him the dissolution paperwork.
In 2013, M began dating my friend, A. Their relationship has moved along, and they are getting married later this year. A has seen the dissolution paperwork with her own eyes, though at this point, they cannot find the documents. M called the courthouse to have copies sent to him again for proof when he and A went to apply for their marriage license, and lo and behold, it turns out that the dissolution never happened. B forged the documents (and perhaps came back to the house to retrieve them at some point, because A&M cannot find them anywhere). This makes M guilty of being an idiot, but he was absolutely furious when he found out that this was never actually done. When he confronted B, she couldn't even defend her actions.
Flash forward to last week. M finally got B to complete the one parenting course they needed for the dissolution. They re-did the parenting plan and the paperwork, and had it notarized. They went before the judge, and the marriage was dissolved. The end. After court, B started screaming at M outside about how little child support he has to pay. He's only paying $100 a month for each of their three kids, but he feeds them dinner every night, sends their lunch for school, and they get fed by the school for breakfast. He also pays for all of their incidentals: school fees, extra curriculars, clothes. B doesn't even have Christmas or birthdays for them. She has a good job and manages to buy herself all kinds of designer things. B actually go so angry that she physically attacked M outside of the courthouse. She ended up falling on the ground after he put up his arms to defend himself, but there were quite a few neutral witnesses who saw everything and spoke to the court officer.
After this happened, B turned around, went back inside, and filed for a dismissal of the dissolution. The clerk actually granted a hearing, which is tomorrow. Since then, M filed a restraining order, and as of yesterday (when she was served), B has refused to allow him to see his children. He went to pick them up yesterday and she sent him a text saying that they would discuss the care and arrangement of the kids after the court hearing. M knows she is in contempt and is going to file a motion today, since the dissolution parenting plan is still in effect.
A&M are panicking at this point, because no one is sure if the judge will dismiss the dissolution. Does anyone know under what grounds the dissolution could be dismissed? B signed and notarized everything, stood in court and said it was fine, and even typed up a document explaining why M was paying so little child support and why the parenting schedule was the way it was. Does she have a chance to get the dissolution dismissed?
Obviously I am not a lawyer (or I wouldn't be here!) but my fiance is currently going through a custody battle himself. I told M that the best thing he could do outside of filing for contempt is to show up at the appropriate time to retrieve his children today and take an officer to document the refusal if possible. Is there anything else he should be doing?
Thank you for your help!
Divorce: When Will a Judge Dismiss a Decided Dissolution
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