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Ex is splitting up kids

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BLyon

Guest
My ex has seperated my only son from his two sisters by moving him in with his grandparents (her parents). I have offered to have him (and actually all of them because I really , really do not want them to grow seperated from each other like that) but she has refused to allow it. On numerous occasions, she has denied me visitation of my son but my daughters were allowed to visit. My question is this: How hard would it be for me to gain custody of my kids considering that she refuses to keep them all together?

Also, she has ver recently moved about 3.5 hours away (in a new state) and has left my son here but moved the girls away.

In addition to that, she has also shortened the (already short enough) weekend visits I get every other weekend because "she cannot get them here until later and she wants to have them back earlier on Sunday."

What can I do? I am very prepared to do whatever it takes and spend whatever amount of money it takes to make sure my kids are kept together and shown the values and trust that they can have together by actually living together. I really don't think that my ex is setting a very good example at all by her actions.
 


MySonsMom

Senior Member
What are her reasons of moving the child in with her mom...Is the child having problems or what? Normally, if one parent is unable to care for the child then the other parent is allowed to do it..You will have to fight it though.

------------------
~MySonsMom~
 
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BLyon

Guest
She says "she cannot handle him." I am not exactly sure what she means by saying that she cannot handle him but I do not she has always shown a great amount of favortism to his sisters ever since he has been born. Isn't there a law that says the other parent should get "first right to refusal?" I thought there was or is this something I should bring up in a modification?
 
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usdeeper

Guest
Did she ask either yours or a courts permission before taking the children to live in another state ?
 
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BLyon

Guest
No, she did not. The reason she moved was to move in with her new boyfriend. She did not even have a job when she made the move.
 
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usdeeper

Guest
How long ago ?... cos you have to have either written permission from you or a judge.
 
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BLyon

Guest
She moved about 5 weeks ago. I didn't see the my daughters for alomst a month after she moved.
 
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usdeeper

Guest
From the little you have said, then yes, you have ground to fight for physical custody of the children. I can not tell you the odds of winning as each court if different. However, you at least have gounds to start the fight.

First of all, document EVERYTHING. Every denied visitation, every example of why the children should not reside with their mother. Especially the fact that she has moved out of state and that she has placed the son in the care of her parents.

Also, sorry for stating the obvious, but you need an attorney. Call around, do not settle on the first one you speak to. Also, you need to be quick.. once she has the children out of state for 6 months then things can get messes with jurisdiction.

Get an attorney and act now...
 
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BLyon

Guest
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by MySonsMom:
Is there a court/visitation order in affect?

<HR></BLOCKQUOTE>

Yes - from the divorce decree, it states that I have the kids from 5pm on Friday to Sunday at 6pm as well as a few extended visitations throughout the year (eg, spring break, summer, and right after christmas). There is nothing in there specifically stating that she cannot move out of the state but can't I just petition the court for a modification to the original order on that?
 
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BLyon

Guest
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by usdeeper:
From the little you have said, then yes, you have ground to fight for physical custody of the children. I can not tell you the odds of winning as each court if different. However, you at least have gounds to start the fight.

First of all, document EVERYTHING. Every denied visitation, every example of why the children should not reside with their mother. Especially the fact that she has moved out of state and that she has placed the son in the care of her parents.

Also, sorry for stating the obvious, but you need an attorney. Call around, do not settle on the first one you speak to. Also, you need to be quick.. once she has the children out of state for 6 months then things can get messes with jurisdiction.

Get an attorney and act now...
<HR></BLOCKQUOTE>

Thanks. I appreciate your fast responses. My wife is calling to make an appointment with at least a couple of attorneys right now.
 
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usdeeper

Guest
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by BLyon:
There is nothing in there specifically stating that she cannot move out of the state but can't I just petition the court for a modification to the original order on that? <HR></BLOCKQUOTE>

It does not matter that is it not in the original order, your state hold jurisdiction and she can not just up and leave. Generally there may be something in the order to say a parent can leave in the future but if there is nothing, then no... and so you do not need to change it.

 

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