Change in physical custody?

[Lovingfatherof2]

What is the name of your state (only U.S. law)? Michigan

I posted this in the boys locker room but i wanted to see what others think of this situation and if im going to have an uphill battle.

Current court order is joint legal, joint physical and me having only 131 overnights.

1. I have been averaging equal parenting time for almost 9 months. I am heavily involved with my kids, I go to every school event, teacher conferences and field trips, I miss nothing. I am also the one that takes them to their doctors, dentists and I am also the one who take them on sick days and snow days. I literally act as the primary parent.

2. She has used the language of the decree and scammed me out of my summer parenting time. She uses the kids as pawns to control and hurt me every chance she gets. For instance fathers day isn't in the decree so she wont let me have the kids that day.

3. Two weeks ago she smacked me while I was hugging my son. Cops were called and cps is now involved and has opened a case. Im still waiting to hear from the prosecutor whether or not they will charge her, she did admit to hitting me to the detective. Also waiting on cps to finish their decision.

4. She then emails me yesterday morning saying she moved the kids an hour away, 40 miles and out of our county. This will destroy my 100% level of involvement with the kids. I will no longer be able to do what I have been doing up until now. This will effectively remove me from their lives. The only reason she is moving is to move in with her boyfriend and very likely the DV charge she is facing and is mad at me about.


Here is her email:

Good morning.

I wanted to let you know the kids and I are moving out of xxxxxxx School District which will cause changes in their schools and daycare for before and after school care as well as summer daycare.

We are moving into xxxxxxx school district after the current school year. The kids are enrolled in School for the 2016-2017 school year and they are also enrolled in their Summer Camp for this summer.

If you would prefer to not use XXXXXXX Summer Camp for the kids on your parenting time (every other Thursday after work - Monday morning) my mom would be available to watch the kids for you on Fridays and Mondays during the summer that you have the kids.

Please let me know at your earliest convenience if this is something you will agree to.


I emailed her back saying I do not agree with the move.

I forwarded her email to my lawyer and ive been blowing up my lawyers phone all day trying to get ahold of her.

Before I didn't want sole physical custody but now I do, Ive only ever wanted joint custody, legal and physical, so im a little out of character now. It comes down to the fact that I can give the kids a stable life and foster a co-parenting relationship with the ex and make sure they have a meaningful relationship with their mother at all times.

I want to ask the courts for her to have every other weekend during the school year so that I can keep them in their routine, their school, their friends, their extended family on both sides, doctors, speech therapist and their dentist. Even with EOW I would still let her have them far more then that but one of us has to create a stable life for them, im the only one that can do that.

Do I have a case?

 

[Zigner]

What is the name of your state (only U.S. law)? Michigan

I posted this in the boys locker room but i wanted to see what others think of this situation and if im going to have an uphill battle.

Current court order is joint legal, joint physical and me having only 131 overnights.

1. I have been averaging equal parenting time for almost 9 months. I am heavily involved with my kids, I go to every school event, teacher conferences and field trips, I miss nothing. I am also the one that takes them to their doctors, dentists and I am also the one who take them on sick days and snow days. I literally act as the primary parent.

2. She has used the language of the decree and scammed me out of my summer parenting time. She uses the kids as pawns to control and hurt me every chance she gets. For instance fathers day isn't in the decree so she wont let me have the kids that day.

3. Two weeks ago she smacked me while I was hugging my son. Cops were called and cps is now involved and has opened a case. Im still waiting to hear from the prosecutor whether or not they will charge her, she did admit to hitting me to the detective. Also waiting on cps to finish their decision.

4. She then emails me yesterday morning saying she moved the kids an hour away, 40 miles and out of our county. This will destroy my 100% level of involvement with the kids. I will no longer be able to do what I have been doing up until now. This will effectively remove me from their lives. The only reason she is moving is to move in with her boyfriend and very likely the DV charge she is facing and is mad at me about.


Here is her email:

Good morning.

I wanted to let you know the kids and I are moving out of xxxxxxx School District which will cause changes in their schools and daycare for before and after school care as well as summer daycare.

We are moving into xxxxxxx school district after the current school year. The kids are enrolled in School for the 2016-2017 school year and they are also enrolled in their Summer Camp for this summer.

If you would prefer to not use XXXXXXX Summer Camp for the kids on your parenting time (every other Thursday after work - Monday morning) my mom would be available to watch the kids for you on Fridays and Mondays during the summer that you have the kids.

Please let me know at your earliest convenience if this is something you will agree to.


I emailed her back saying I do not agree with the move.

I forwarded her email to my lawyer and ive been blowing up my lawyers phone all day trying to get ahold of her.

Before I didn't want sole physical custody but now I do, Ive only ever wanted joint custody, legal and physical, so im a little out of character now. It comes down to the fact that I can give the kids a stable life and foster a co-parenting relationship with the ex and make sure they have a meaningful relationship with their mother at all times.

I want to ask the courts for her to have every other weekend during the school year so that I can keep them in their routine, their school, their friends, their extended family on both sides, doctors, speech therapist and their dentist. Even with EOW I would still let her have them far more then that but one of us has to create a stable life for them, im the only one that can do that.

Do I have a case?

You are represented - listen to your attorney.

 

[Lovingfatherof2]

If she would call me back i would

 

[Silverplum]

If she would call me back i would

Patience is a virtue.

 

[Lovingfatherof2]

Been two days, feels like a thousand years

 

[Silverplum]

Been two days, feels like a thousand years

Six pages at the mens room: wow.

So your attorney was out regaining her sanity and will return tomorrow?

 

[Lovingfatherof2]

She was supposed to call me today but never did.

I called her and left a message.

Maybe tomorrow.....



Its not hard to rack up 6 pages over there either

 

[LdiJ]

She was supposed to call me today but never did.

I called her and left a message.

Maybe tomorrow.....



Its not hard to rack up 6 pages over there either

You definitely need to wait to talk to your attorney. MI has the 100 mile rule (a parent cannot move a child more than 100 miles without the consent of the court or the other parent) so mom has done nothing legally wrong, as long as she honors your court ordered parenting schedule. However, that still might be enough of a change in circumstances that you could attempt a custody modification.

 

[stealth2]

Been two days, feels like a thousand years

It does. We understand that. *I* found that it was easier when I made myself remember that, while this was MY only case, my lawyer had many - quite a few involving kids in real, and immediate, danger. And counted my blessings that our case involved nothing more than two parents who did love their kids and wanted to do their best for them, despite what either side perceived as game-playing. (And we ALL play games, even when we don't want to admit it, may not even realize it at the time.)

p.s. Hello from the Other Side.