My husband is trying to get custody of our kids. I need advice!?

Question

Me and my husband have seperation papers which states the children will reside with me with generous visitation to him.
Over the last year and a half I have struggled finacialy the city I lived in was very expencive.
I let dad keep the kids for a week so I could figure out what to do. I didn't have enough money for rent which was due, and I was desperately trying to send my truck which was costing me a fortune in gas.
I signed a paper stating I was giving him temporary custody. That could be revoked by either parent in writing.
To make a long stroy short, my sister who lives 3 hours from where we were living, offered to let me and the kids stay with her. She would help me find a place in her home town which was way less expencive then the city we were in. So we moved here.
Well my husband did not like this idea and is now trying to file for cusdody.
My lawyer says since I left without the courts permision, technicley I abducted them.
Do you think he could gain custody?

I am a good mother and he has no proof otherwise. But has some petty stuff he is trying to use agaist me like stuff my 5 year old who loves to tell stories says.

Answer 1

The move-away laws are different in each state, but I believe that if your ex can prove that the move would be detrimental to the children (which it would be if they see their father less) then it would not be allowed. My ex tried a move-away during our divorce, and the judge did not allow it. She is struggling more because we live in a very expensive city, but it's in our son's best interest to have both of us in his life regularly. I doubt he will get custody, but the move-away will probably not be allowed

Answer 2

Do you have joint physical and legal custody? I have full physical custody and my ex and I have joint legal custody. Bascially this means that I have the last say in the day to day stuff, what he can and can't do and he just has a right to talk to his teachers and doctors and stuff but can't make life altering decisions. With all of this I have the right to move out of state, but he does have the right to try to contest it. Basically all I would have to do is show that my son's life would be better or at least not worse, emotionally as well as physically and there would be nothing that my ex could do. It sounds like your children's lives would be better if it was easier for you to support them financially. It sounds like your husband is just responding to the fact that now it will take more work on his part to see his children so he may not get to see them as much as he might like. I don't think I believe what your lawyer says unless you had something specific saying you couldn not take them out of the state. You should re-read all of your custody agreement and maybe talk to someone else.

Don't worry about things your five year old says. :)

Good luck

Answer 3

you will could desire to tutor each allegation which you pronounced on your posting. you are able to hire a private investigator, yet they can't enter his place of abode. Plus, he can hire one to inspect you. in case you are able to not do this, then a decide can provide joint custody. If needed, the decide can merely tell your quickly-to-be-ex that he could desire to alter his living arrangements to handle the youngsters. To be truthful, what number ladies he brings to his house is fairly lots beside the point by way of fact he could could desire to needless to say exchange whilst he can bypass out if the youngsters have been over there. He can say the comparable approximately you bringing over adult males. Plus, as others pronounced, merely by way of fact a doctor reported you have been emotionally abused (emotional and psychological abuse is the comparable element) does not recommend it incredibly is tricky-knock information. He can get a psychologist to income you out and are available up with a different result. reckoning on how some distance away he's from you...he's entitled to having the youngsters each weekend to having them each summer time and on particular trip journeys...if none of your allegations are shown.

Answer 4

As a husband going through a divorce with kids, I'm concerned with the moving 3 hours away thing. I would certainly file for full custody if my wife pulled that on me. It's unfair, even if it's for your economic gain to simply move wherever you want and take his kids away from him. How would you like it if the roles were reversed and he did that to you?

Answer 5

If the father of these children is a good father why would you want to move the kids 3 hours away from him? One thing people don't do is look at what's best for your children. If he isn't violent & a deadbeat father then why would you move them so far away from him. I have 3 children & my ex has used them a pawns against me & if they moved 3 hours away I would do everything in my power to keep them here!!! I don't blame him. Ask him for help I would help my ex if the option was them to move 3 hours away!!!!

Answer 6

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Answer 7

its very hard to lose custody. and i think if you get good lawyer and fight he will lose. they generally go to mom and you can explain to the judge what ahppened and why this is why you did this and he'll be back where he blongs

Answer 8

Talk to your lawyer, we cannot help you, you already screwed up...technically.

Answer 9

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