My ex and I divorced in 2000. I am now trying to win full custody of my children because he is moving out of state. He just found out yesterday because he recieved a letter from my lawyer.
2007-03-10 11:44:52 · 19 answers · asked by Tonya P 1 in Family & Relationships ➔ Marriage & Divorce
He didn't tell me that he was planning on moving. I could have waited and automatically been given full custody if he had moved, but I didn't want to take that chance. He has only been divorced a few months and met a girl online and is now planning on marrying her. That is why he is moving. He is telling my children they would have more friends there and the schools are better and etc. brain washing them. He is not the type of person that you can talk to. He thinks he is God or something. My children tell me they don't want to go.
2007-03-10 12:05:36 · update #1
I am in the state of Indiana. When my ex and I got divorced I didn't have money for lawyer and didn't know my rights. I thought I had to have a lawyer to go to court. So I gave my ex custody. According to my lawyer we have been excersicing joint custody the whole time though. He said that will stand up in court as joint custody.
2007-03-10 13:45:22 · update #2
I live in east central Illinois. I Can almost look out my window and see the state line into Indiana. If you live that close and he is moving into Illinois. then he may be able to maintain visitation rights.It would depend on how far away and what other state he will be moving to. I had a friend when I lived in Miami Florida who got her son every summer vacation and her son and ex-husband lived in Canada. A different country! So with a good lawyer yes your ex-husband still could have visitation rights!Do you rally want to deprive your children the right to know their Father?
2007-03-18 11:15:42 · answer #1 · answered by Pamela V 7 · 0⤊ 0⤋
My opinion is that you acted in haste and should have waited. You would have been awarded custody in your state only at that point and could have legally retrieved the children from him before he moves away. As it is, he's had a heads up on your plans and he's going to move and there isn't alot you can do now because he has had physical custody of the kids for seven years. Now you'll have to hire another attorney in that state to file a custody petition wherever the ex moves to.The best you can hope for now is shared custody legally ordered by both courts. This entails living half the time with you and the other half with him, plus splitting holidays. By the way, think about getting a new attorney. Your's should have looked out for you in a better manner and not allowed that letter to be sent to your ex before he moved.
2007-03-18 07:56:13 · answer #2 · answered by Little sis 2 · 0⤊ 0⤋
Okay what state are you in? There are primary custody and joint custody. Sounds the same but there are different. First of all if you have joint custody of everything. Which mean how many days of the years the kids are under your care under your roof. If its pretty much split then you have joint. If however, you get the kids during the school year and then they go to there father on summer vacation you have primary custody and joint parenting (I think that's what its call at least). Then if I'm understand my law you can take the kids and move them out of state. Either way contact a good custody lawyer Monday morning.
2007-03-10 13:02:18 · answer #3 · answered by J C 2 · 0⤊ 0⤋
If in your divorce papers it does not state that he can not take the children out of state you're going to have a major battle. Everything has to be spelled out within the divorce in order for you to have any leverage and all you have going for you is that you and your ex have been sharing custody. Why you didn't have a lawyer during your divorce is well...not gonna go there. At least now you know why they day "a person who acts as their own counsel has a fool for a client and an idiot for a lawyer". Good luck.
2007-03-10 16:36:31 · answer #4 · answered by Anonymous · 0⤊ 0⤋
well the first thing is going to be can you support your children with your income alone if you can that is great. If you can't try to find away to do it. Then show stable home status for the children and that they can have their own room such as boys in one room and so on. Then get a note book and wright down everything that you can think of that makes he look like a bad dad like on the phone in front of the kids in person etc. Then you need to make sure that you don't lose your temper on calling or saying any bad words then every time you call or he call wright it in the note book. Good luck hope it helps
2007-03-16 22:03:49 · answer #5 · answered by Anonymous · 0⤊ 0⤋
It has to be court ordered that he can take the kids out of state and I would make sure your lawyer has that in there. Don`t try to keep the kids from seeing their father though because he has a right to stay in their life`s and they have a right to their father, just make sure it is in your state when he sees them.
2007-03-10 11:53:32 · answer #6 · answered by mammafran77 3 · 0⤊ 0⤋
ok listen u live in indiana and he decided to move not u. if he is the one moving that is his problem he jus can't take the kids he can go to jail. so do just let him tell u he can because he can't he is the one that is giving up his part of the joint custody issue.
2007-03-17 05:19:38 · answer #7 · answered by Meria J 1 · 0⤊ 0⤋
id talk to a lawyer and see if you can keep him from taking the kids out of state so far away from their mother your right in trying to get full custody i just hope you didn't blow it by letting your ex get them
2007-03-15 10:54:55 · answer #8 · answered by sweetgranny06 7 · 0⤊ 0⤋
that's unquestionably a brilliant situation in newborn custody. in case you wanted to circulate someplace or circulate you're able to state on your petition your purpose to circulate in yet another state which will suited serve the interest and welfare of the newborn (that's which you will tutor) if not it is your draw back which will (a threat) turn the opt to the different party. the secret is to tutor that it will serve the interest of your newborn and there is no incorrect way yet to circulate to a distinctive state.
2016-10-01 22:05:58 · answer #9 · answered by bergman 4 · 0⤊ 0⤋
get them while you can. go for full custody. i seperated and filed in 2000 and my ex came for them on a weekend and my children wanted to go so i let them. I HAVENT SEEN NOR SPOKEN TO THEM SINCE. letters get returned . they were 7 & 9 then and now 14 & 16 .
2007-03-17 23:08:19 · answer #10 · answered by Anonymous · 0⤊ 0⤋