tidalwave Posted August 10, 2009 Posted August 10, 2009 i currently have temporary custody during my divorce case. divorce proceedings have been going on for 10 months. mother has been gone almost 2 years i have had custody throughout. i filed proper paperwork for move in march, my 90 days (legally have to give that much notice) are up but my ex's lawyer has delayed things so much that it has now been almost 150 days since i filed. i (and my children) moved in with my mother and her husband about 5 months after my ex left and have been living there ever since. my mother is now getting a divorce and has left the residence (about 5 months ago). i had always planned to move once the school year was up which is why i filed as early as i did. the problem is that my step father wants us out. he is making it very difficult and wants us out asap. i have talked to several people (lawyers, therapist, and even a former judge) who believe that i will be allowed to move (distance isn't that far, but is out of state) but if i leave before actually getting permission from a judge i am afraid i might lose my children. its not being able to afford to live on my own. i could be able to in a couple of months, its the time. between bills and paying my attorney and regular stuff for the kids there is no money available RIGHT NOW for deposit, first/last month rent, etc. my gf and i just got a bigger place to prepare for our merging families which also cost money (we have joint accounts). i filed very early so that i gave myself enough time to prepare no matter what the court decided and without my consent the lawyers have continually rescheduled and rescheduled. i have no viable option where we currently are, and where i proposed to move (with my girlfriend) there is plenty of space and opportunity and my kids want to move. my ex would never be granted custody from a judge as everything stands now, but i have no choice but to move and i am scared that she might be granted custody out of default. what should i do? should i try to tell the judge before i do it? we have a mediation planned in a week but i doubt she will agree to let me move no matter what. i am afraid and worried for my kids and myself. any advice would be helpful...
LucreziaBorgia Posted August 11, 2009 Posted August 11, 2009 I would keep everything aboveboard just in case.
MSUE Posted August 11, 2009 Posted August 11, 2009 I have 2 frinds of mine who are a couple she lived in Chicago w her son from a previous marriage and he lived in NY..she couldn't take the LDR crap anymore so she decided to move to NY w her baby wout telling anyone...well what do you think happened? she was ordered back to Chicago immediately and lost custody for a while...Granted your situation is very different and your motives are valid...I don't know much about custody issues all I know is what happened to my friend
Author tidalwave Posted August 11, 2009 Author Posted August 11, 2009 I have 2 frinds of mine who are a couple she lived in Chicago w her son from a previous marriage and he lived in NY..she couldn't take the LDR crap anymore so she decided to move to NY w her baby wout telling anyone...well what do you think happened? she was ordered back to Chicago immediately and lost custody for a while...Granted your situation is very different and your motives are valid...I don't know much about custody issues all I know is what happened to my friend thanks for sharing. i plan on trying to get an emergency hearing before i do anything and i am planning on writing the judge to let her know i am not doing this out of spite or to be defiant. i also plan to make sure that my ex continues to get her visitation on time without interruption. i filed the proper paperwork and he delays of the lawyers have caused problems. i have a meeting with my lawyer 2morrow and if he doesnt get me an emergency hearing i will have no choice but to fire him and do it myself. school starts soon and we need to get this taken care of before school starts. i am deathly afraid though.
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