Motion Opposing Relocation

[namaste11]

We got a great deal on a house and have moved to PA. My ex-husband who lives in WV has petitioned the court to "enjoin me from permanantly relocating; primary physical custody [shared jointly now]and child support. My husband and I scratched all we could together for the new house [which is a major upgrade from our bad neighborhood rental] and I really cannot afford a lawyer to represent my interests. My x claims "The facts are that we are
pursuing this because we believe that we have a far more stable and consistent
home for the kids". I agree that my current situation is not exactly stable, I just moved up in the world to being a homeowner.

My question is whether or not a family lawmaster would remove the two children from their mother and the school that they are enrolled in? Should I try to scrape the money together for an attorney? I'm even considering a counter-suit for custody. Please help, I'm distraught over this.

 

[namaste11]

As an added thought, my relocation has added 15-20 min drive time each way for my girls' stepmother each day, every other week

 

[usdeeper]

Did you inform the father, in writting, at least 30 days proir to the move or did you 'just move' ? If you currently have physical custody why would you counter petition ? How often is his visitation ?

 

[namaste11]

We currently have joint physical custody...equal time. I verbally notified the x the day after I knew the move was definate, only about 3 days after viewing the property. It was two weeks before the beginning of school so the children were enrolled in their new school, both parties made the drive to get the kids to school. I believe this inconvenience is what initiated their suit.

The original custody order [1997] specifies that after June of 2000 that if either party moves, I shall have custody.

 

[LegalBeagle]

As per the original order, you need to get an attorney and exercise your right to you having full physical custody. Since you are moving to a better area, a nicer house and the children have been enrolled in a new school, then you have a good chance at keeping custody AND changing to full physical custody..

BUT ... BUT BUT BUT ....

You need an attorney or you may get screwed and lose the children altogether.



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