Kay312010
recently joined
Reged: 12/02/11
Posts: 7
|
|
State-NC
I would like to move back to my hometown where all of my family is living.
Background- My ex and I are not from the state therefore either of us having family in the state. He is active duty. He deploys and travels frequently. He has missed numerous visitations due to this and he has EOW. He doesn't participation in our child's care or educational or medical.
We both have children from previous marriages. My other child leaves with me full time and his child is living with his grandmother due to the fact that my ex can not take care of the child due to his work schedule. His child lives 10 hours away.
We do not live in the same area. When we separate the ex moved 40 minutes away then deployed 4 months later. I decided to move 1 hour away since I have more friends in my new location to help me with both children. I am in extreme need of support from others because I have multiple disabilities due to being injured while in the military. I am on disability benefits.
The ex will be stationed to another base with 6 months- 2 years since he has been at the current base almost 3 years now.
We have a temp order but I have filed to move away. The trial continues to be delayed due to his numerous deployments. We have had 3 continual of the case. He does not agree to let me leave with our child even though he is hardly around and will leave the state soon.
His attorney has suggested mediation of ED and the custody but he won't agree to anything due to bitterness so I have to spend thousands on attorney.
That being said we was assigned 1 judge in the case but because the court calenders are full and ex's absences, we were assigned a different judge for temp custody. Now we have another new judge who is not familar with the case. I do have an attorney but he doesn't usually practice in the county but he is a excellent lawyer and very aggressive. He won me all I asked in the other issues. But he is not familiar with the judges in the county I live, so he can't tell me what to expect since there is not set standard for move away custody. He thinks I have a excellent case being that ex is always gone, he can't take custody and we don't have family in the state. I did have an attorney within the county but she was very rude and we didn't have a good relationship. She said the judge would let me but now we have a different judge again.
What are my chances?
If the judge doesn't let me move, will I need to stay in the state? I am just concern because I need to eliminate some stress to reduce disability side effects? I have had a few routine emergency surgeries like gallbladder and cyst, nothing major but require the kids to be with someone. Also, I attend the VA on a weekly based for treatment and pay a big daycare bill for my child's care.
What are my chances of a successful case for moving?
|
DeeCan
veteran
Reged: 04/05/08
Posts: 1266
|
|
I think you're chances of a move away are good, but you are likely to be responsible for ALL transportation costs for his parenting time.
--------------------
Don't drink and park, accidents cause people.
|
Kay312010
recently joined
Reged: 12/02/11
Posts: 7
|
|
I would still pay ALL transportation even though I have very limited disability and he makes 3 times my income? I don't mind paying half but all would cause my budget to be very tight. What about lodging expenses (hotel)?
What is the best visitation plan to present to the judge?
I was thinking every 10 weeks, alternating major holidays and 6 weeks summer.
Can judge make ME stay if they don't feel child should move? Ex can't keep custody due to constant moving.
Edited by Kay312010 (12/02/11 08:56 PM)
|
DedicatedDad
veteran
Reged: 09/05/04
Posts: 1318
|
|
You can move to the moon if you want. A judge will never order to you to stay.
|
Kay312010
recently joined
Reged: 12/02/11
Posts: 7
|
|
That's why I thought but one Attoney I get advice from on a forum said the judge can order if it's in the best interest of child. Another told me they never seen it happen before but anything is possible with custody.
|
DedicatedDad
veteran
Reged: 09/05/04
Posts: 1318
|
|
If a judge ordered it, it would never hold up for contempt charges because I doubt it's within the scope of the law. It would be like also writing that if either party is late dropping off the kids, they are subject 50 lashes from the police. You can write that way, a judge can sign off on it...but good luck getting it enforced.
|
Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
|
|
As you state, she can move wherever she desires. The child cannot. The Judge can change custody.
|
Kay312010
recently joined
Reged: 12/02/11
Posts: 7
|
|
Quote:
As you state, she can move wherever she desires. The child cannot. The Judge can change custody.
Thanks! But what happens if he can't maintain custody? He travels and deploys frequently. He sees the child maybe 5-6 times a year.
|
Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
|
|
Those are arguments made in court related to more permanent changes in custody.
|
Kay312010
recently joined
Reged: 12/02/11
Posts: 7
|
|
I already have custody. I am requesting to move through a mod of custody given the fact that he can't/won't take custody due to his instability. Will I have a greater chance of being able to move by family out of state given the fact he is hardly in the state?
|
Previous
Index
Next
Threaded
Edit
Reply
Quote
