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Custody battle/ please help me get my girls

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mistoffolees

Senior Member
Psst... he said moving out of the COUNTY! Not COUNTRY. ;)


Oh and I don't think she is married to a MILITARY man now.
Oops. I got distracted by Brunella's post and didn't read the detail carefully enough. Sorry.

Even so, it's going to be up to the court to establish what's best for the child. If Dad moves into the kids' school district, he's going to have a very strong argument. Mom should not assume that she's automatically going to win this one.
 


LdiJ

Senior Member
Oops. I got distracted by Brunella's post and didn't read the detail carefully enough. Sorry.

Even so, it's going to be up to the court to establish what's best for the child. If Dad moves into the kids' school district, he's going to have a very strong argument. Mom should not assume that she's automatically going to win this one.
Dad's case would be stronger if he moves there now, rather than waiting...which is what it appears he wants to do.
 

mistoffolees

Senior Member
Dad's case would be stronger if he moves there now, rather than waiting...which is what it appears he wants to do.
Yes, or at least shows that he's serious. For example, if he signs a lease in the child's school district, that might be sufficient - even if he hasn't actually moved yet.

Failing that, if his credibility is solid enough, if he stipulates that he will move within 30 days (or whatever), that would be better than nothing. It might not be enough to convince the judge, but it might. Then, if he fails to move, his ex could file for him to be held in contempt.
 

eckocity

Junior Member
Dad's case would be stronger if he moves there now, rather than waiting...which is what it appears he wants to do.
Good advice. I am actually waiting to hear back from two of the residences that are in the vicinity of the school on frames when they will be available.

From what i understand that this current court date is to schedule something or to see if we have came to an agreement.

I did already once go through a battle of custody once when we first got divorced and at that time i only had my girls every other weekend.

Then i contest to have it changed to every other week and we compromised with me having them on the days that i have them now.

but after she got married for the third time she stated that petitioned to moved out of the county and to change my visitation to (the first 3 weekends of each month) and select holidays that they dont celebrate now.

dont get me wrong. I cant stand my children mother but i understand we have to be cordial for the sake of the kids. If we sat down and talked this move out i wouldn't have had a problem with it, if my visitation also wasn't in jeopardy .

But that isnt the fact in this case. I had petitioned for support mod and she cussed me out before them. and after i was awarded the modification.. She presented me with a paper that she wanted me to sign( on the spot) that stated her terms of her moving and taking the girls.

I explained to her that i will read it over and let her know.
She filed the same papers she presented to me (exactly 15mins) after me stating i will read over them * noting i will not sign them because im a unfit father *3page letter of why*

When i called her to tell her im not signing those papers ( she stated don't worry about it). I figured she just wrote up another one to give ot me later.

but i received what we are talking about "custody mod" with the same paper of her terms that i didn't sign.


This is why im here.. I really hate that my girls even see this side of her. I don't even speak her mothers name in my house and the only time my girls see their grandparents, godparents and other family members is if i take them to their house.
 

LdiJ

Senior Member
Yes, or at least shows that he's serious. For example, if he signs a lease in the child's school district, that might be sufficient - even if he hasn't actually moved yet.

Failing that, if his credibility is solid enough, if he stipulates that he will move within 30 days (or whatever), that would be better than nothing. It might not be enough to convince the judge, but it might. Then, if he fails to move, his ex could file for him to be held in contempt.
I am seeing this from another point of view...we have a senior member here who was able to stop a relocation of her children purely due to the fact that she had moved to their community shortly before her ex attempted the move. Therefore I am seeing her case in my mind when I think of this OP's case. She might not have been able to stop the move if she had not recently moved to their community.
 

eckocity

Junior Member
I am seeing this from another point of view...we have a senior member here who was able to stop a relocation of her children purely due to the fact that she had moved to their community shortly before her ex attempted the move. Therefore I am seeing her case in my mind when I think of this OP's case. She might not have been able to stop the move if she had not recently moved to their community.
when we went through mediation, the person asked her the reasons for moving and when she stated "because her family is growing" they mediator said that not really grounds for changing the agreement.

she then states that her job is relocating her and her husbands job too. Then the mediator asked if she was doing it voluntarily or if the job is forcing them. she never answered that question.

when i put it on the table that, i dont have a problem with her moving but if she does move the girls can live with me and continue to goto the same school and i will move into the school district.. ( As we all know she had a problem with that. )


i recently asked her which child she wanted to claim on her taxes ( i have two daughters). She told me she is claiming both as she does every year and i cant do anything to stop her.
 

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