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Please help me prevent relocation of my 5 yr old

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What is the name of your state? VA

First, I blew it. When we went to the custody hearing I was 8 months pregnant by another man. Although I was my son's PCP and a loving mother, my son's father got primary custody and I got what a non-interested father would have received. We have joint legal. We both live in the same town where I grew up and he has been 15 years.

All I could do was somehow make things as good as possible, so for the past 2 1/2 years (the youngest's age now) I have done whatever I can think of to ease the pain for my kids and family. I don't date so they won't have to endure more drama. I utilize all awarded time (2 long weekends a month) and any add'l time Father offers, which thankfully was fairly extensive first 2 years so he could continue having a life. I am active in my son's school. We talk on the phone regularly. Despite limited time together, he is a major part of our family. I am buying the marital home, nice neighborhood, yard, son has own room, daughter has own room, grandparents and cousins are here locally, I don't drink, smoke, do drugs/medications, great health -- I really just want to raise my kids.

March 2005: I changed jobs in anticipation of son starting Kindergarten in fall. Now I can work from home 80% of time with flexible hours, and be free when son is out of school. Surprise, Father ignores my requests to discuss school options, just enrolls him in the school in his county. My new attorney (who is excellent) can't get us on the docket. Finally get a date for Dec 2005, and a GAL, to revisit custody given the change in circumstances (my new flexibilty in work hours).

Meanwhile, son starts K and has 15 referrals, 10 susp days in 3 months. In Dec 2005 judge won't change custody but okays me having son after school instead of him going to daycare. Blessing! I get to see him almost every day. He is happy, I am happy, his 2 1/2 yr old sister is happy. Best of all, my son instantly goes from 50% to 85% good days. No more referrals. No more suspensions.

NOW, yesterday. Father informs me he intends to relocate to his hometown in Ohio in 30 days, with son, middle of the school year notwithstanding. We will go from living 10 minutes away to 600 miles apart because Father did not enjoy his job. He actually resigned a high paying job to accept a job in Ohio that is a step down. Plans to move in with his parents and commute an hour each way. He is a hotel mgr so already works 8 - 10 hour days and some weekends. Now he's adding 2 hours a day drive time. Our child will likely spend less time with his dad than he already does -- apparently the grandparents who he has seen 5 or 6 times in his life will watch him.

Sorry for the novel! My question --- other than filing the TRO and objection, WHAT can and should I be doing to prepare a good case for the court? The dad has prevailed previously and that seems to weigh heavily, certainly did last December when no one wanted to change the status quo.

Thank you in advance for any advice and thoughts and suggestions on how to prevent this relocation, and hopefully reverse custody.

PS - My ex said that even if the court denies him the ability to take my son, he himself is moving.
 


LdiJ

Senior Member
You have a really decent chance of preventing dad from relocating with the child....however you have to move quickly and I STRONGLY recommend that you get a good attorney on board.

Its not guaranteed that you will win....but you have a very decent chance. However you have to get an emergency order to temporarily stop the relocation pending a full hearing, and an attorney is the person best able to facilitate that.
 
Thank you for your fast response. Yes, I do have an excellent attorney, he is really in my corner (what a difference that makes, that was not the case at the custody hearing, unfortunately) and he is filing the emergency order tomorrow. He wanted to wait till my ex filed his 30 day notice. I am putting together bullet points of the many reasons my son should be allowed to stay (stability / consistency, school, NCP's current involvement, significant people in his life, quality of life, that kind of thing) and also am mapping out a suggested visitation plan -- my thought is, Father can have all the holidays (well, day after Christmas) and 4 - 6 weeks in summer. But I didn't want to get in front of the judge unprepared or missing something that might have helped.

Any thoughts / ideas, please advise.

I already had a meeting set up with the GAL for next week, b/c currently we are operating under a temporary order (that might have been important to mention, oops) and I have my fingers crossed that he will jump over to our side given this new development. Our current order from Dec was set out as temporary for 6 months, so the judge and the GAL could see how the every-day-with-Mom situation worked out. It is scheduled to go permanent in June, after which we were planning to appeal. But maybe we can hope for a custody change at that hearing instead.
 

ceara19

Senior Member
VirginiaMom said:
Thank you for your fast response. Yes, I do have an excellent attorney, he is really in my corner (what a difference that makes, that was not the case at the custody hearing, unfortunately) and he is filing the emergency order tomorrow. He wanted to wait till my ex filed his 30 day notice. I am putting together bullet points of the many reasons my son should be allowed to stay (stability / consistency, school, NCP's current involvement, significant people in his life, quality of life, that kind of thing) and also am mapping out a suggested visitation plan -- my thought is, Father can have all the holidays (well, day after Christmas) and 4 - 6 weeks in summer. But I didn't want to get in front of the judge unprepared or missing something that might have helped.

Any thoughts / ideas, please advise.

I already had a meeting set up with the GAL for next week, b/c currently we are operating under a temporary order (that might have been important to mention, oops) and I have my fingers crossed that he will jump over to our side given this new development. Our current order from Dec was set out as temporary for 6 months, so the judge and the GAL could see how the every-day-with-Mom situation worked out. It is scheduled to go permanent in June, after which we were planning to appeal. But maybe we can hope for a custody change at that hearing instead.
No matter which way the case goes, the status quo is going to change this time. So now it will be an issue of which situation is BETTER for the child. To an outsider like myself, it would seem that giving you custody of the child would be LESS of a change for the child then moving 600 miles away.
 
No matter which way the case goes, the status quo is going to change this time. So now it will be an issue of which situation is BETTER for the child. To an outsider like myself, it would seem that giving you custody of the child would be LESS of a change for the child then moving 600 miles away.
Thank you for a great point. To an insider like myself, it seems that way too!

But seriously, my heart breaks that, no matter how we frame it and work out holidays, my son is going to lose significant interaction with one of us. (Although, it won't be me, b/c if I don't prevail, I'm moving to Ohio, and darn the economic hardship and the misery of living near my ex's family. There is no way I'm not living near my boy)
 

ceara19

Senior Member
VirginiaMom said:
Thank you for a great point. To an insider like myself, it seems that way too!

But seriously, my heart breaks that, no matter how we frame it and work out holidays, my son is going to lose significant interaction with one of us. (Although, it won't be me, b/c if I don't prevail, I'm moving to Ohio, and darn the economic hardship and the misery of living near my ex's family. There is no way I'm not living near my boy)
I wouldn't bring that up to dad or to the court though. ;)
 

rmet4nzkx

Senior Member
Dad is free to move, your attorney will file on your behalf tomorrow. Since the current custody orders are tempoary and you have a visit with the GAL next week, this can be covered. Here is a link to a decision which contains some of the criteria for relocattions.
COURT OF APPEALS OF VIRGINIA
It is well settled that the child's best interest is the criterion against which ... if the child is moved away from the non-custodial parent" and, if not, ...
http://www.courts.state.va.us/opinions/opncavwp/1188001.doc Be sure to read the criteria and discuss with your attorney before you talk with the GAL.
 
Result of this Custody (Relocation) Case

Just wanted to let you know how the case went last week. Relocation was denied (Father had already moved) and custody reverted to Mother. I am blessed to have another chance. Hope other parents learn from my mistakes - I am committed to spending the next 15 years raising my kids well, getting along with my ex to keep things friendly, and NOT dating or otherwise being distracted from my children's best interest. Parent Trap & Brady Bunch are fiction! Take it from me, just raise your kids to the best of your ability, and forgo the drama.
 

rmet4nzkx

Senior Member
VirginiaMom said:
Just wanted to let you know how the case went last week. Relocation was denied (Father had already moved) and custody reverted to Mother. I am blessed to have another chance. Hope other parents learn from my mistakes - I am committed to spending the next 15 years raising my kids well, getting along with my ex to keep things friendly, and NOT dating or otherwise being distracted from my children's best interest. Parent Trap & Brady Bunch are fiction! Take it from me, just raise your kids to the best of your ability, and forgo the drama.
Thanks for being open to advice and for the update. I am encouraged that you learned a very important lesson.:)
 

Halls

Member
Congrats and I'm so glad that the judge ruled for what is best for the kids. I think you have a great attitude and your kids surely will benefit from it!
 

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