Someone please help!!!!!!!!!!

[Ftroop5]

What is the name of your state? Ohio

I have sole custody of my two oldest sons(10 & 8). I am remarried and have a 2 year old. We, as a family, have decided to move from Ohio to North Carolina where my husbands family lives. I know that I am going to have to go to court to get the move approved. My question is: What are my chances of going to court without a lawyer and still *winning*? My ex husband currently has visitation with the boys every other Sunday for 7 hours and most of the time he cancels. He is an alcoholic, has no vehicle, no home of his own(he moves from place to place), and no steady work history. He does pay c/s when he is working(it comes out of his checks) He is verbally abusive to me when I speak with him and makes broken promises to the boys all of the time. I went and spoke with the lawyer that did my divorce and she said it should be a cut and dry case. My major problem is, she wants a $1000 retainer to even file the paper work. Is there any way I can do it all my self?
I am doing everything I can to come up with the $$$ but I am still falling short. I need to get everything filed ASAP because our move is scheduled for July 31. My husband will have a job when we get there. It's a really good job at Camp Lejeune Marine Base with benefits. The children WANT to go and understand that they will only see their dad a few times a year. Someone, Please Help!!!! What can I do???????

 

[Ithildriel]

Since Hubby has a great job waiting, invest the 1K and make sure it is done right. You don't have time to dink around and possibly screw this up.

 

[Ftroop5]

Thanks

I am more than willing to pay the $1000...if I had it. If we can pull it together SOON, I will still use my lawyer. My question was more along the lines of *if we can't get the money in time*. Do I stand a chance without a lawyer? Thanks for your reply.

 

[Zephyr]

I am more than willing to pay the $1000...if I had it. If we can pull it together SOON, I will still use my lawyer. My question was more along the lines of *if we can't get the money in time*. Do I stand a chance without a lawyer? Thanks for your reply.

yes you would, as long as you were prepared

 

[Ithildriel]

My guess would be 50 / 50

Since the judge is either going to say yes or no.

 

[Zephyr]

Since the judge is either going to say yes or no.

probably more, if what op says is accurate it is unlikely that the judge would entertain giving custody to dad....

 

[LdiJ]

probably more, if what op says is accurate it is unlikely that the judge would entertain giving custody to dad....

I have to agree.

 

[Gracie3787]

What is the name of your state? Ohio

I have sole custody of my two oldest sons(10 & 8). I am remarried and have a 2 year old. We, as a family, have decided to move from Ohio to North Carolina where my husbands family lives. I know that I am going to have to go to court to get the move approved. My question is: What are my chances of going to court without a lawyer and still *winning*? My ex husband currently has visitation with the boys every other Sunday for 7 hours and most of the time he cancels. He is an alcoholic, has no vehicle, no home of his own(he moves from place to place), and no steady work history. He does pay c/s when he is working(it comes out of his checks) He is verbally abusive to me when I speak with him and makes broken promises to the boys all of the time. I went and spoke with the lawyer that did my divorce and she said it should be a cut and dry case. My major problem is, she wants a $1000 retainer to even file the paper work. Is there any way I can do it all my self?
I am doing everything I can to come up with the $$$ but I am still falling short. I need to get everything filed ASAP because our move is scheduled for July 31. My husband will have a job when we get there. It's a really good job at Camp Lejeune Marine Base with benefits. The children WANT to go and understand that they will only see their dad a few times a year. Someone, Please Help!!!! What can I do???????

Is your husband's new job and family living there the only reason for moving?

If so, it is highly likely that a Judge won't allow you to move the kids because those reasons aren't considered a good reason to move kids away from other parent.

 

[LdiJ]

Is your husband's new job and family living there the only reason for moving?

If so, it is highly likely that a Judge won't allow you to move the kids because those reasons aren't considered a good reason to move kids away from other parent.

Lets remember that a judge can't stop her from moving the kids unless the judge is prepared to give custody to dad if she does move.....

This certainly doesn't seem like a case where the judge would be prepared to give custody to dad.

 

[Gracie3787]

Lets remember that a judge can't stop her from moving the kids unless the judge is prepared to give custody to dad if she does move.....

This certainly doesn't seem like a case where the judge would be prepared to give custody to dad.

That's true that the Judge would have to be willing to give dad custody, however, OP needs to realize also that if a Judge won't allow the kids to move, it actually puts the choice into her lap- she can either not move or allow custody to be given to Dad.

The point I was making in my response is that the reasons OP stated for the move aren't real convincing legal reasons for the court to allow the move. She doesn't address why the move is in the best interest of the children, which I was hoping that she'd figure out.

I just noticed that none of our responses pointed this out to OP- IF the father doesn't do anything to legally object to the move the court will most likely allow the move. Even if dad doesn't object OP will still need to have reasons available that show the move is in the kids' best interests.

 

[LdiJ]

That's true that the Judge would have to be willing to give dad custody, however, OP needs to realize also that if a Judge won't allow the kids to move, it actually puts the choice into her lap- she can either not move or allow custody to be given to Dad.

The point I was making in my response is that the reasons OP stated for the move aren't real convincing legal reasons for the court to allow the move. She doesn't address why the move is in the best interest of the children, which I was hoping that she'd figure out.

I just noticed that none of our responses pointed this out to OP- IF the father doesn't do anything to legally object to the move the court will most likely allow the move. Even if dad doesn't object OP will still need to have reasons available that show the move is in the kids' best interests.

Ok....I still disagree. The judge has to be willing to give dad custody in order to prevent the move. The judge can't just order that the kids have to remain in the original state, without addressing dad's fitness for custody. Its a best interest decision and all aspects of best interest have to be examined.

 

[Ftroop5]

I have discused EVERYTHING with my ex-husband and he has agreed to it all!!! The new child support, the new visitation schedule, everything!!!!! He said he is willing to sign any agreement forms I give him. YAY! Now, I need help with writing an Agreed Entry so I make sure it is worded correctly(from a legal standpoint). I spoke with the courts today and they said as long as I file an Agreed Entry, we don't even have to go to court. Any help would be wonderful!!! Thanks to all who have posted!!!