I have objected in court and cited the statute wich state that she cannot move out of the state or more than 150 miles away, but the judge allowed it anyway. Now a one trip to pick up my kids and then drop them off again is going to cost me over $150 in gas. I will be doing this every two weeks so I can pick them up on Friday after noon and then drop them off on Sunday after noon. If she were forced to obey the statute, I would have less driving time and more time witrh the kids and it wouldn't cost as much. How can a judge be allowed to do this and what can I do about it?
2006-07-31 12:00:52 · 16 answers · asked by trusty666 1 in Family & Relationships ➔ Marriage & Divorce
Since the entire legal system sucks you have to bribe the judge nowadays.
2006-07-31 12:03:17 · answer #1 · answered by PetsRule 3 · 0⤊ 1⤋
if a judge feels that the move would be beneficial to the mother...because of a job.. or family..etc... and it is also good for the children..and she has custody ..then he can do this. you cannot hold the custodial parent down..from progressing and moving on with life. maybe judge feels you are able to make the trip. why pick them up friday and travel all that distance just to return on sunday. it would be cheaper to stay there... and do things in their town,... also safer than running up and down the highway. or why ever two weeks.. maybe quality time would be better than quanity time... and you could keep constant contact by phone... computer..mail..etc. it depends on how old the children are. the judge is not concerned with the gas... only the children...and if it is better for the custodial parent to move out of state.. that is what is going to happen..and you will have to find a way to make it work. you and ex are not close enough for you to stay in a spare room sometime or the couch.? just askin
2006-07-31 12:09:58 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If you are correct and the judge has ruled contrary to law, you can appeal to a higher court. .
But its possible the statute allows for some discretion by the judge, and is not absolute.
You should read the statute very carefully, and see to what extent it is absolute and the extent to which there are exceptions. Very few statutes are absolute.
I assume you have a lawyer. If you do what did your lawyer say.
2006-07-31 12:06:01 · answer #3 · answered by lapaul 2 · 0⤊ 0⤋
It sucks man. Sorry. You might talk to a lawyer if you havn't about an appeal, but judges tend to let women make the decisions, as long as they are deemed fit to be the parent. Men get screwed (usually). Sometimes the women do, but most often not.
I take it you are not on real speaking terms with the ex? That is what I would suggest, appealing to her good senses for the sake of the kids. I have to say good luck to you...but don't take it out on your kids...show them what a loving and understanding dad you are. When my parents got divorced, my dad was a real jackass, and now I won't even talk to him. He was crazy during visitations. Stay cool for the kids sake!
2006-07-31 12:05:46 · answer #4 · answered by powhound 7 · 0⤊ 0⤋
You need to talk to a lawyer and if you did talk to a new lawyer. Maybe you can take this to court again with a new family court judge. Just keep fighting in court until you get a judge that listens. Also try and have a civil conversation with your ex wife. Ask her to please not move so far away. Maybe consider moving closer to her new home if she and the judge wont listen.
2006-07-31 12:04:32 · answer #5 · answered by Educated 7 · 0⤊ 0⤋
You can't do anything about it. You can join a frequent flyer program to make it faster/easier to get your kids maybe. Go to court to change visitation to see them less frequently but for longer periods of time, over most school holidays but no more weekends for example.
2006-07-31 12:05:12 · answer #6 · answered by tenaciousd 6 · 0⤊ 0⤋
He must have thought that her reason for moving was in the best interest of the children. I admire you though, my ex won't come 5 blocks to see his daughter. It doesn't seem fair but try to do what you can to still spend time with your kids, they need you. You sound like a really good dad and it won't be lost on the kids that you are doing what you can to see them, please don't try to make their mom look bad for moving. God Bless.
2006-07-31 12:03:49 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Appeal it to another judge and come prepared with financial statements and recipts showing how much it will cost for the drive.
2006-07-31 12:03:30 · answer #8 · answered by Starlight 5 · 0⤊ 0⤋
go on line file papers in her county,and file for 6mo.visitation,Summers when theire is no school during the holidays. and to meet you each time with the kids at an half way point.their are web sites { Fathers Rights }go on line.........protest the statute.country legislators.good luck
2006-07-31 12:09:34 · answer #9 · answered by tysgrandma99 4 · 0⤊ 0⤋
If the judges allows her to move to another state, then you can't really do anything about it, except for keep fighting for it. Nothing else.
2006-07-31 12:05:40 · answer #10 · answered by amandameibeyer 4 · 0⤊ 0⤋