Motion for Child Relocation Denied

[GermaineNicole]

What is the name of your state? Washington

I filed for divorce February 2017 and our divorce and custody order were signed on 31 July 2017. I had an attorney at the time. I only paid her $1000 from beginning to end. She recommended that due to my financial situation and the father's income, no assets, that we settle amicably. I told her from the day I hired her that I would need to move out of state with the children and she recommended keeping the divorce and relocation matters separate. I later found out that this was absolutely horrible advice and that she had been practicing law for less than a year at the time I hired her.

My ex-husband has known that I wanted to leave Washington State for nearly 3 years, since I became pregnant with our youngest. This held no weight during trial.

I have the children 5 nights out of 7, Monday from 5pm to Saturday at 8am, every other Sunday from 8am to 1230pm when the children attend church with me and one unspecified weekend a month upon a 7 day notice to take the kids to pow wows. The father has the children from 8am Saturday morning to Monday evening at 5pm with the exceptions above.

I have been Pro Se in an out of state Child Relocation motion. I am the mother and there are 2 minor children involved, ages 1 and 3. Trial was 2 days and the judge gave her ruling yesterday, May 16, 2018. The court's ruling has not yet been delivered in writing. My motion to relocate was denied.

She touched on all the relocation factors. Some were ruled in my favor some in the father's favor, some were a wash. My good faith is in question because I followed the advice of my divorce attorney and no conversation of relocation took place between our lawyers.

The father's lawyer wants the judge to make a ruling that I cannot leave the school district and if I do then the father will get full custody. The judge responded by stating that there is issue with the fact that I cannot afford where I live.

The opposing attorney and I have to send each other proposed orders and send them to the court. There has been plenty of evidence and testimony to show that I can't afford this area.

I am a disabled Veteran (80% service connected disability) andI receive $1740 a month in VA Compensation and $600 total child support for both children. My current rent is $1500 and due to increase to $1600 this coming August. My ex-husband is currently ordered to pay my vehicle note and that will end August of this year, too.

When the judge asked what I am going to do I stayed that my children are and always will be my main priority. The conundrum at this moment is the fact that I can't financially sustain here and this means that we will still need to relocate once I find a place I can afford on this state.

The father's lawyer jumped and tried to say that I am making threats and that the judge needs to stipulate in writing that I cannot leave the school district. Then the father's lawyer started talking about offers that he proposed during a mediation.

The judge interrupted him staying that she cannot be part of our discussions and we needed to get our proposed orders to each other and to the court.

She told me that I seem highly intelligent and capable of anything I put my mind to and that I did an amazing job representing myself.

My Questions are,
1) What, in general, are the proposed orders that I will need to create?
2) What is the legal form called so I can download it?
3) The court has acknowledged that there is an understanding that I will have to move soon to a place that I can afford and that the school district boundaries will not offer financial relief, would it be legal for me to add to my proposed orders that I will relocate within the state to an area of lower cost of living upon finding a place I can afford? I understand that it would have to be agreed upon but I am not sure if that would be legal given the judges ruling.

 

[Zigner]

My Questions are,
1) What, in general, are the proposed orders that I will need to create?
2) What is the legal form called so I can download it?
3) The court has acknowledged that there is an understanding that I will have to move soon to a place that I can afford and that the school district boundaries will not offer financial relief, would it be legal for me to add to my proposed orders that I will relocate within the state to an area of lower cost of living upon finding a place I can afford? I understand that it would have to be agreed upon but I am not sure if that would be legal given the judges ruling.

The proposed orders are, in essence, a written version of the ruling that the judge verbally gave. There isn't a form for everything.

 

[Ohiogal]

What is the name of your state? Washington

I filed for divorce February 2017 and our divorce and custody order were signed on 31 July 2017. I had an attorney at the time. I only paid her $1000 from beginning to end. She recommended that due to my financial situation and the father's income, no assets, that we settle amicably. I told her from the day I hired her that I would need to move out of state with the children and she recommended keeping the divorce and relocation matters separate. I later found out that this was absolutely horrible advice and that she had been practicing law for less than a year at the time I hired her.

My ex-husband has known that I wanted to leave Washington State for nearly 3 years, since I became pregnant with our youngest. This held no weight during trial.

I have the children 5 nights out of 7, Monday from 5pm to Saturday at 8am, every other Sunday from 8am to 1230pm when the children attend church with me and one unspecified weekend a month upon a 7 day notice to take the kids to pow wows. The father has the children from 8am Saturday morning to Monday evening at 5pm with the exceptions above.

I have been Pro Se in an out of state Child Relocation motion. I am the mother and there are 2 minor children involved, ages 1 and 3. Trial was 2 days and the judge gave her ruling yesterday, May 16, 2018. The court's ruling has not yet been delivered in writing. My motion to relocate was denied.

She touched on all the relocation factors. Some were ruled in my favor some in the father's favor, some were a wash. My good faith is in question because I followed the advice of my divorce attorney and no conversation of relocation took place between our lawyers.

The father's lawyer wants the judge to make a ruling that I cannot leave the school district and if I do then the father will get full custody. The judge responded by stating that there is issue with the fact that I cannot afford where I live.

The opposing attorney and I have to send each other proposed orders and send them to the court. There has been plenty of evidence and testimony to show that I can't afford this area.

I am a disabled Veteran (80% service connected disability) andI receive $1740 a month in VA Compensation and $600 total child support for both children. My current rent is $1500 and due to increase to $1600 this coming August. My ex-husband is currently ordered to pay my vehicle note and that will end August of this year, too.

When the judge asked what I am going to do I stayed that my children are and always will be my main priority. The conundrum at this moment is the fact that I can't financially sustain here and this means that we will still need to relocate once I find a place I can afford on this state.

The father's lawyer jumped and tried to say that I am making threats and that the judge needs to stipulate in writing that I cannot leave the school district. Then the father's lawyer started talking about offers that he proposed during a mediation.

The judge interrupted him staying that she cannot be part of our discussions and we needed to get our proposed orders to each other and to the court.

She told me that I seem highly intelligent and capable of anything I put my mind to and that I did an amazing job representing myself.

My Questions are,
1) What, in general, are the proposed orders that I will need to create?
2) What is the legal form called so I can download it?
3) The court has acknowledged that there is an understanding that I will have to move soon to a place that I can afford and that the school district boundaries will not offer financial relief, would it be legal for me to add to my proposed orders that I will relocate within the state to an area of lower cost of living upon finding a place I can afford? I understand that it would have to be agreed upon but I am not sure if that would be legal given the judges ruling.

Why can't dad have custody and you move out of state? And quite frankly, your attorney could NEVER guarantee anything. You seem to think she could. Why should she have had a conversation of relocation when you didn't have a plan? Why would you move out of state? Do you have a job there with a sufficient pay that you could afford to pay transportation costs back to Washington State for Father to see his children? To what state did you want to move? How were you going to afford to live in that state?


There is no legal form for a final entry. You should have had counsel.

 

[HRZ]

Not clear if you are now proposing to relocate inside WA or out of state.

JUst a lay mans view..be,sure make,point why your,proposal,is,best for child .
I've seen posts here,where mom got permission to,relocate. PLus,dad,got stuck with visitation costs but Mom was neither pro se, nor in WA
In some setttings being a disabled veteran gets one a small benefit of a doubt ...but its not enough if,your,adversary, is using a paid,advocate ...Get,some paid help, if you can swing it.

 

[stealth2]

Not clear if you are now proposing to relocate inside WA or out of state.

JUst a lay mans view..be,sure make,point why your,proposal,is,best for child .
I've seen posts here,where mom got permission to,relocate. PLus,dad,got stuck with visitation costs but Mom was neither pro se, nor in WA
In some setttings being a disabled veteran gets one a small benefit of a doubt ...but its not enough if,your,adversary, is using a paid,advocate ...Get,some paid help, if you can swing it.

Please, HRZ, by all that is holy - use some sort of standard punctuation.

OP..... If you and Dad can reach an agreement, then the judge will likely be fine with whatever the two of you agree to. If the two of you cannot agree, then I expect the best you'll get is permission to relocate within some mileage radius. But, as Ohiogal pointed out - you should expect to be responsible for the transportation costs associated with Dad's parenting time.

You may have fared better with the judge if you had been able to show an actual plan of your proposed move and how it would benefit the child(ren).

 

[t74]

It sounds like your largest problem at this time is the cost of housing.

Have you looked into the services provided to vets in general and disabled vets in particular?

You mention going to pow wows. Are you a member of a tribe that has affordable housing options nearby?

Can you relocate near your current home to a school district that can provide superior services to your children where housing is more affordable? Items to look at initially are early childhood and daycare programs in the schools.

Can you and your ex agree on a different visitation schedule that would make you relocating further from him less of a problem? I can see how needing to get the children to school on Mon morning can be more of an issue than having the exchanges in Fri pm and Sun pm which would be one reason for his insisting on remaining in the current district. The every other Sun am exchange also impacts distance between you.

I can see how your current schedule would leave him feeling at a disadvantage. Looking at making this a win for both you and your ex will benefit the children.

 

[doucar]

Is this action is tribal court (from the reference to POW WOWS) or in state court?