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Topics - insearchofsoul

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Custody Issues / So Confused — In Need of Help
« on: Dec 29, 2011, 02:56:14 PM »
STBXH (soon to be ex-husband) and I separated over a year ago, our divorce won't be final for another couple of months. We currently live in the same city, however neither of us has family here. I lost my job two years ago and haven't been able to find a full time job since. I was on unemployment and when we separated my unemployment ran out. I'm on public assistance now and live in public housing. My STBXH and I share custody with DS (dear son) going to the other's residence every other week. STBXH has another child whose mother (and her whole family) lives locally. He sees her every other weekend.

I feel it would be in DS's and my best interest to move back in with my parents for a while so that I can get on my feet, they live 400 miles away in a different state. STBXH and I are both struggling financially and I feel this is a good opportunity while DS is still young (he just turned 2), to get our stuff together for his and our futures.

STBXH of course doesn't want me to go. At first he wanted us to treat custody on a 'school schedule' basis, DS would stay with STBXH for 9 mos and I would have visitation during the Summers. This makes little to no sense to me because I feel like I would be able to offer DS more stability, etc., at my parents' house (including a house with room, bed, food, etc., a backyard to play in; lots of family and a big, loving support system; daycare [my mom would watch him]; etc.). Then he suggested DS stay with each of us for six months.

I said that I planned on coming back down to our current city in time for DS to start school so we can be in the same city and share in all of those experiences; he doesn't believe me (of course anything can happen, but that is what I am planning on/intending).

I just don't know what to do. If I do nothing, everything stays the same ... STBHX and I are still struggling, I'm still in public housing and on public assistance (STBXH has said in the past that he fears DS looking up to me because of my being in this situation) ... it may get better, it may not. But this is a guaranteed step up.

I've offered, instead of the six month rotation because I feel that that would be HORRIBLE for DS, that I would drive down one weekend a month for DS to spend with STBXH, in addition to other vacations and extended periods of visitation. This isn't good enough for him.

I'm trying to better myself, I want to make a good life for DS and I feel that this is a good way to do so and have him be taken care of at the same time. STBHX doesn't have the resources or support system to take care of DS on his own.

I haven't had the chance to meet with a lawyer yet. There is child support in place (because I'm on public assistance), but no custody agreement/order on file. We currently reside in Virginia.

Please understand, I don't want to 'take' DS away from STBXH, it just so happens that there is the issue of distance. I'm clearly willing to give access to DS, etc., as stated above. Things just need to change, for the better, and I know that that would happen if DS and I were to move back in with my parents.

Please help. I need any and all input, advice, etc. ...

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