My husband and I are in the middle of a divorce (he is submitting papers himself to make it cheaper). We have 2 girls, 5 and 7. They live with him in Hawaii and I live in NY (with my boyfriend of about 2 yrs... and planning to get married in the future). They have been with me for their summers this year and last summer. I want them to live with me, but he doesn't want them to live out of state because they are in a very good private school. He has said that if they were in public school, they would most likely be with me.
He is living with his fiancee (of a little over a year), and they have a baby, 2months old, along with her 3 boys.
His thought is that since I left them willingly, he should be the one to keep the children... I wanted to take them with me, but he threatened that he would call the police if I took them out of state. We didn't have a legal say as to who gets to have the children... we still don't, it was something we agreed to; I would have the children during the summer (and some holidays if I could afford the time off and plane tickets) and he would have them the rest of the year. I wasn't able to pay child support for about a year, but when I got a full time job, I sent money to him for them.
Their dad and I have a pretty decent relationship, but because I want them to live with me, I think it may all change. The only way I see to get my children is for me to hire an attorney to fight for custody. I thought about waiting until they're older to make their own decision, but since courts only take into consideration the wishes of the children, I'm afraid I may never get them to live with me because their dad really wants them to graduate from this school.
I also have some papers I have to submit to get our divorce final, but now I'm thinking of holding on to them and using that as leverage for me for custody. I'm not sure if this would be a good thing for me to do since this would probably dissolve our good relationship.
He doesn't have a job (he will be the stay at home dad with his new baby) and I have a full time and a part time job. Would the courts see me as a better choice for my children, or would they let them stay with their dad? The girls have my parents and his family mostly living in parts of Hawaii, but when my girls are with me, my boyfriend's family treats them like their own.
Do you all think I should pursue this custody battle? I don't have money to hire an expensive lawyer. I guess I'd like to know what my chances would be in pursuing this. Thanks!!
He is living with his fiancee (of a little over a year), and they have a baby, 2months old, along with her 3 boys.
His thought is that since I left them willingly, he should be the one to keep the children... I wanted to take them with me, but he threatened that he would call the police if I took them out of state. We didn't have a legal say as to who gets to have the children... we still don't, it was something we agreed to; I would have the children during the summer (and some holidays if I could afford the time off and plane tickets) and he would have them the rest of the year. I wasn't able to pay child support for about a year, but when I got a full time job, I sent money to him for them.
Their dad and I have a pretty decent relationship, but because I want them to live with me, I think it may all change. The only way I see to get my children is for me to hire an attorney to fight for custody. I thought about waiting until they're older to make their own decision, but since courts only take into consideration the wishes of the children, I'm afraid I may never get them to live with me because their dad really wants them to graduate from this school.
I also have some papers I have to submit to get our divorce final, but now I'm thinking of holding on to them and using that as leverage for me for custody. I'm not sure if this would be a good thing for me to do since this would probably dissolve our good relationship.
He doesn't have a job (he will be the stay at home dad with his new baby) and I have a full time and a part time job. Would the courts see me as a better choice for my children, or would they let them stay with their dad? The girls have my parents and his family mostly living in parts of Hawaii, but when my girls are with me, my boyfriend's family treats them like their own.
Do you all think I should pursue this custody battle? I don't have money to hire an expensive lawyer. I guess I'd like to know what my chances would be in pursuing this. Thanks!!