What constitutes "akin" to marriage

[PerplexedOne]

What is the name of your state? Oregon/Colorado

What generally constitutes "akin" to marriage? Is it all financial or is it only "akin" when living together or both? Could it be considered "akin" on emotional support for someone and their children? If someones boyfriend says that they consider themselves a co-guardian of the children and puts himself forward as such during a custody evaluation does that constitute "akin".....
This person contributes a deal of money to the ex's living expense....buys furniture for the household....gifts...dinners....clothing...trips for the family.....and now considers himself a co-guardian...Is this akin?

 

[HomeGuru]

What is the name of your state? Oregon/Colorado

What generally constitutes "akin" to marriage? Is it all financial or is it only "akin" when living together or both? Could it be considered "akin" on emotional support for someone and their children? If someones boyfriend says that they consider themselves a co-guardian of the children and puts himself forward as such during a custody evaluation does that constitute "akin".....
This person contributes a deal of money to the ex's living expense....buys furniture for the household....gifts...dinners....clothing...trips for the family.....and now considers himself a co-guardian...Is this akin?

**A: I have never heard of a state Oregon/Colorado.
Is that a new one similar to TexArkana?

signed,
akinfolk

 

[PerplexedOne]

*LOL*

yeah Orelado...*S*

Okay, should have been more clear...the ongoing case with my husbands ex that lives in Oregon. We recently moved to Colorado but she decided that she wanted to have another 'go round' of custody and is making husband go back to Oregon. The evaluations are all in our favor...... we are also trying to lower her spousal support ($5000) per month as we beleive she is "akin" to marriage with her Fiance/lover/lawyer....

As soon as this proceeding is finished we will be changing jurisdiction to Colorado so she can't keep bringing us back to Oregon...but as it is now, well another plane ticket to buy and more expenses because she wants to try for custody again....

 

[stealth2]

You may not be able to change jurisdiction. Was the divorce in OR? Is she still living there? You may well be stuck.

 

[PerplexedOne]

Yes, the divorce was in Oregon in 1999. My husband has full custody of the two minor children.
We were told that once this motion or whatever you call it is finished and all is ruled that the children are now "Colorado Children" then we could change jurisdiction for any future thing that she wants to pull us into court for....which she does often....(she has free legal advice since she is engaged to her lawyer)

 

[stealth2]

You may want to double-check that with an attorney. Because I was told that until my ex moved out of NYS (even tho the kids and I were in NJ), he could easily argue that NY should retain jurisdiction and would have a strong case. It's only now that he's moved elsewhere that I've been able to move jurisdiction here. The laws for this seem to change by the day.

 

[PerplexedOne]

We contacted a lawyer in Colorado after our move and they said we could change it since we have custody of the kids...all we have to do is get a certified copy of the original decree and file it in Colorado...then anything pertaining to custody or the divorce would have to be filed here in Colorado....
hmmm

 

[stealth2]

Hmmmmm is right.... the only way to find out is establish residency and try it. I was told the same thing when our divorce went through. But when I was actually ready to do it..... there was a question. And by that point - he'd already moved out of NYS. But hey - what do you have to lose by trying?

 

[PerplexedOne]

Our lawyer in Oregon seems to think it's a "go" to change jurisdiction too...

Im still searching what the legal term for akin to marriage would be...not the term I guess but what constitutes such a matter....is it all financial, living arrangements or can it be emotional support too....

 

[stealth2]

Don't know if it will help, but there was a very similar question at prairielaw... go to http://www.prairielaw.com/messageboards/list.asp and scroll down to the "Divorce" boards - go to Divorce - Alimony and it's thread 159 ... 2 of the respondants are lawyers... Good luck.

 

[PerplexedOne]

Thanks....I will try that link...

Right now Im looking through old cases on the web .... What fun!

 

[stealth2]

hehehe it can be <G> I'm just preparing to go to war with my ex, so am doing a similar bit of research.

 

[PerplexedOne]

Well....my husband just left for the airport to catch his plane to Oregon.....
We found out that the ex has been lying on the stand and hopefully this time the judge will see that she is making a mockery of the court system. She has continued to say that she needs 5 Grand a month to survive and that her lawyer/lover/best friend/fiance doesn't provide any support to her financially....HA!
He has stated in the child custody numerous times that he considers himself co-guardian......
I can't forsee a judge going against the child custody evaluators and giving the ex custody.... We were found to be fit parents and good people where she on the other hand ..... (I will be nice)
Im still going to be saying my prayers double time for the next few nights...