What is the name of your state? California
I am new here, and I have a question that I hope I can get some direction with. As background... I have been separtated from my ex husband and living with my mom for over 3 1/2 years. My ex and I have always had joint physical custody of our 2 daughters from alternating weeks on and off ending up with 2 days during the week and then alternating weekends. In June of last year, I was planning on moving about 45 minutes north of where we resided as a married couple to a house with my fiancee and wanted to bring our 2 daughters with me, and so I wrote him a letter to request permission to move and to see if we could come up with a new parenting plan. Prior to our first court appearance in August of last year, my ex moved out of the 2 bedroom apartment that was the marital home into a 3 bedroom house with his girlfriend and her son. The house was about a quarter mile from the apartment we shared when married and about 1/2 mile from where I resided with my Mom. At our first court apperance, the judge ordered a custody evaluation since we could not come to an agreement on where the girls would primarily live. The evaluation would look at not only his current residence with his girlfriend, but look at my current residence at my Mom's house and where I was requesting to move with the girls to my fiancee's house. My fiancee's house is bigger and would afford the girls thier own rooms, plus plenty of space to play with thier friends and be kids.
The evaluation came back in May and as you might have guessed, the evaluator didn't see any over riding issues on moving the girls to my fiancee's house. She recommended that we still share joint physical custody, with the girls primary residence being at my ex's house during the school year, and at my house during the summer. She did however take away the overnight visits during the week, sighting the lack of the girls own room/beds to sleep in at my Mom's house. (We were sharing rooms and beds at my mom's house, because there were 5 of us in a 3 bedroom house, my oldest daughter who is 17, my Mom, me and my 2 youngest daughters) She indicated that it would be better to do a dinner visit in the middle of the week so that the girls could sleep in thier own beds in thier own rooms at thier dad's house during the school year. (he also has a dinner visit during the summer months when they are primarily with me).
I have now found out that the ex has moved out of the house and is now sharing a 2 bedroom apartment with our daughters and his girlfriend and her son, and our judgement hasnt even been entered in the courts. The girls are now sharing a bed and a room with their Dad and his girlfriend, while her son has his own room. This has happened less than 3 months after our final court date. While I understand that the evaluator's recommendations were not soley based on the living arrangements, is this new information good enough to get my overnight visits back during the week? I mean, the new arrangements are now exactly the same as the arrangments at my Mom's house where I would have the overnight visits. Also, is there enough here to have the original evaluation thrown out because it was based on false information, or could I go back and have another evaluation completed based on the new living arrangments?What is the name of your state?
I am new here, and I have a question that I hope I can get some direction with. As background... I have been separtated from my ex husband and living with my mom for over 3 1/2 years. My ex and I have always had joint physical custody of our 2 daughters from alternating weeks on and off ending up with 2 days during the week and then alternating weekends. In June of last year, I was planning on moving about 45 minutes north of where we resided as a married couple to a house with my fiancee and wanted to bring our 2 daughters with me, and so I wrote him a letter to request permission to move and to see if we could come up with a new parenting plan. Prior to our first court appearance in August of last year, my ex moved out of the 2 bedroom apartment that was the marital home into a 3 bedroom house with his girlfriend and her son. The house was about a quarter mile from the apartment we shared when married and about 1/2 mile from where I resided with my Mom. At our first court apperance, the judge ordered a custody evaluation since we could not come to an agreement on where the girls would primarily live. The evaluation would look at not only his current residence with his girlfriend, but look at my current residence at my Mom's house and where I was requesting to move with the girls to my fiancee's house. My fiancee's house is bigger and would afford the girls thier own rooms, plus plenty of space to play with thier friends and be kids.
The evaluation came back in May and as you might have guessed, the evaluator didn't see any over riding issues on moving the girls to my fiancee's house. She recommended that we still share joint physical custody, with the girls primary residence being at my ex's house during the school year, and at my house during the summer. She did however take away the overnight visits during the week, sighting the lack of the girls own room/beds to sleep in at my Mom's house. (We were sharing rooms and beds at my mom's house, because there were 5 of us in a 3 bedroom house, my oldest daughter who is 17, my Mom, me and my 2 youngest daughters) She indicated that it would be better to do a dinner visit in the middle of the week so that the girls could sleep in thier own beds in thier own rooms at thier dad's house during the school year. (he also has a dinner visit during the summer months when they are primarily with me).
I have now found out that the ex has moved out of the house and is now sharing a 2 bedroom apartment with our daughters and his girlfriend and her son, and our judgement hasnt even been entered in the courts. The girls are now sharing a bed and a room with their Dad and his girlfriend, while her son has his own room. This has happened less than 3 months after our final court date. While I understand that the evaluator's recommendations were not soley based on the living arrangements, is this new information good enough to get my overnight visits back during the week? I mean, the new arrangements are now exactly the same as the arrangments at my Mom's house where I would have the overnight visits. Also, is there enough here to have the original evaluation thrown out because it was based on false information, or could I go back and have another evaluation completed based on the new living arrangments?What is the name of your state?