I remarried and moved to Georgia, but we're still within 60 miles from my ex (45 to be exact). My ex has filed for custody saying 1-he doesnt know where we are, and 2-i didnt tell him we were moving. Okay, while I admit I didnt give him WRITTEN notice, we are in a different situation than most people. My husband's ex and my ex are bro/sis. We live in my husband and his ex's house-- the same house that me and my ex came to when we were still married. So my ex cant say that he doesnt know where we are now. My ex and I dont talk- we get messages back and forth thru his mom and his gf, and its been that way for 4 yrs. My husband and I told the mom that we were married the day after we got married, knowing that she would tell him. So he had notice within the 10 days after the fact, which is still part of the "notification law". I mean, seriously, can he make the judge think he's so stupid that he doesnt realize we're gonna live together after we got married??
2006-08-27 11:49:16 · 5 answers · asked by tonysdoll815 2 in Family & Relationships ➔ Marriage & Divorce
Anything else we've heard of that ex thinks he has on me or my husband, we have proof otherwise. So when we go to court, the notice thing and the mileage is all the ex can have. But like i said, the mileage is not an issue, because we're still within the limits.
2006-08-27 11:52:08 · update #1
as for the past 4 yrs, i've had sole legal/physical custody, he's only got visitation. the boys (ages 8 and 5 now) are healthy, have been to the dr/dentist when they've needed to go, do well in school, etc.
2006-08-27 11:54:13 · update #2
What your ex has on you is not necessary grounds for a modification hearing on child custody. The most you can receive of this is probably a verbal warning from the judge telling you what the law requires of you regarding moving with the children. No big deal! Your ex is shooting for the stars and really has no ground to stand on. Now if you were caught with drugs or charged with child abuse, he might have a case. Besides its not like you moved out of the country. You may have to agree to how to make up the distance on visitation days but again no big deal. Just apologize to the judge for any misunderstandings and promise not to do them again. The rest is inmaterial as far as the court is concerned. Good luck and stop worrying
2006-08-27 12:24:59 · answer #1 · answered by Arthur W 7 · 0⤊ 0⤋
You know child custody battles can be tricky. Yes there are laws in place, but a lot depends on the judge and what his personal opinions are. Been there done that. In most cases parents are court orderd to notify each other in writing withing 10 days of a move. I really do not think this would warrant a transfere of custody to your ex. What your ex has to do is file a show cause agaisnt you stating that you violated the order by not giving him written notification of the move. This a very small violation and when you explain the bro/sis thing the judge may still find you guilty but usually without any penalty. You just don't want a pile of guilty show causes against you. If your ex is trying to get custody, on the first court date you order a guardian adlitem to represent you children. If you do not know what this is, it is a lawyer that represents the best interest of the children to make sure whatever the judges decision is, is in the best interest of the children. Secondly you request for Social Services to do home studies on each of you. They will come to both homes and visit as well as interview you and you ex and if the children are old enough, them as well. You can also request credit records to show whether or not your ex is a responsible person. You can also ask for driving records. Is he a safe driver, does he speed a lot etc? Then you can request criminal records. See if he has a criminal record. All of these things are a reflection of who the person is, not just who they say they are and not who their lawyer says they are. At the same time, make sure your back yard is clean too. Unless your kids are asking to go live with their dad, I really would not lose any sleep over any court issues. I have learned a great deal from dealing with custody issues and my ex. Good luck! It is a long hard road when you have children with someone who is unreasonable. I feel girl.
2006-08-27 12:08:19 · answer #2 · answered by Anonymous · 1⤊ 0⤋
I think you will be alright but make sure you document everything from now on. Do not rely on his Mom. Put everything in writing and make copy for you to keep and one for him. Be sure to get the papers about the house the more physical evidence you have when this goes to court the better off you will be,
2006-08-27 12:09:49 · answer #3 · answered by Anonymous · 0⤊ 0⤋
i doubt custody arrangements will change but you should follow the law to be safe. never give a judge (especially a liberal judge) any reason to change the arrangement.
2006-08-27 11:58:03 · answer #4 · answered by lowIQ 4 · 1⤊ 0⤋
your ex ..my ex...who's ex.......I am so confused
2006-08-27 11:55:41 · answer #5 · answered by Anonymous · 1⤊ 0⤋