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?