What is the name of your state? Florida
My husbands ex-wife tried to file a restraining order against my husband for reasons that are unsubstantiated. The judge refused to set the restraining order but has asked for a hearing to discuss. What's really going on is my husbands exwife wants to leave the state, which goes against the custody and she is trying to pull custody from us so she can move. She's tried other things before. We would like to amend the custody, so that we have primary (which we don't have now even though he spends more time with us than her). Should we have an attorney for the initial "restraining" hearing? If for some reason (I can't image why) the judge grants the restraining order for both she and my step-son, does that mean we loose custody. Is it difficult to amend custody? Currently, the divorce decree states we are to have every other weekend and some holidays. For over 8 years now, we have had him every weekend, two nights a week and almost all the summer. She is divorced, and lives alone. We are happily married. My step-son is a latchkey kid at her house, where as my husband has flexible hours with his own business and we can be there for him 24/7. We want primary custody. She wants to follow her boyfriend out of state.
My husbands ex-wife tried to file a restraining order against my husband for reasons that are unsubstantiated. The judge refused to set the restraining order but has asked for a hearing to discuss. What's really going on is my husbands exwife wants to leave the state, which goes against the custody and she is trying to pull custody from us so she can move. She's tried other things before. We would like to amend the custody, so that we have primary (which we don't have now even though he spends more time with us than her). Should we have an attorney for the initial "restraining" hearing? If for some reason (I can't image why) the judge grants the restraining order for both she and my step-son, does that mean we loose custody. Is it difficult to amend custody? Currently, the divorce decree states we are to have every other weekend and some holidays. For over 8 years now, we have had him every weekend, two nights a week and almost all the summer. She is divorced, and lives alone. We are happily married. My step-son is a latchkey kid at her house, where as my husband has flexible hours with his own business and we can be there for him 24/7. We want primary custody. She wants to follow her boyfriend out of state.