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Relocating

Started by Justabovewater, Aug 06, 2012, 01:18:39 PM

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ocean

Yes that is the way it is supposed to work but really, it is the mood of the judge on the day you go in. Stress that children have been enrolled in your district doing well, you have half custody for the last xx years and the children would be better staying with you as ex has moved X times in XX years and may move again as her job is currently xx miles from her new residence.

Has ex tried to discharge them from your school and enroll them there? If yes, get copies of those forms. At that hearing tell your lawyer you want them to start school by you if nothing else that day come out. Most hearings move on to trials after a few months so if she is not allowed to change their school this year, you will have stronger case as judges usually do not pull kids out of their school midyear.

Justabovewater

Thank you Ocean. I enrolled the kids in school in the school that they went to last year. I am sure that she will also enroll them in town that she lives in as well. I think the school that she enrolls them in will request records and so forth. She will be enrolling them tomorrow.

ocean

Do you know what school district she is going to? Call them and tell them she does not have custody as you still have temporary custody. They will then force her to come up with custody papers to enroll. Fax over your paperwork if needed. You should not have to enroll the kids in your school district, once you do it then they stay there until discharge papers are received. You do not do in each year (at least in public school).

Justabovewater

She told them last year at the end of school year that thye would not be back to school here. I had to go sighn some papers stating that they were. Thanks for the info. I will call them now and let them know what is going ton. Thank you!

Justabovewater

Went to Court yesterday. The Judge awarded joint custody with her as Residential custody. The reason she recieved residential was she was the primary care giver while we were married. It seems that because the husband works and makes a living for his family, this is how he gets rewarded. The fact that she has moved 3 times in the last year and had 5 jobs in that last year and only moved becasue of a boyfriend has no bearing on it at all. So, IF a man works to support his family, he is not a care giver to his children. But if a man does not work and provide what his family needs to live, then he is a bum. My conclussion is no matter what, the father only has about a 5 percent chance of winning custody regardless of the situation.

ocean

Yup, very hard in most states for fathers to get and then keep primary custody. Takes a lot plus more. How far away is she now? What parenting schedule did the judge give you? I know you are not happy now but there are many ways to stay involved depending on the distance she moved.

Justabovewater

She moved about 60 miles away. I recieved the standard Parenting schedule. I get them every other weekend and most of the summer. I am going to try to stay as involed as I can, but I never get any information from her about what is going on or have any say in what they do. I think the courts just try to make you feel warm and fuzzy when they say you have joint custody when in reality, If the other parent is letting you help make decisions, there isent really much you can do about it without costing you thousands of dollars with them still just getting a slap on the hand.

Justabovewater

Contempt of court after a week, can I file? After going to court last Monday, It was my weekend to get the kids. I went friday and picked then up and had them all weekend. I text my ex on sunday and exsplained that she was a month late on money that she was ordered to pay me when we were divorced. I wasnted to know if she could bring it to me when she came to get the kids. She flew off the handle. She said that she is the residential custody parent and it wasent her responsiblility to come get the kids. I told her it stated in the new court order that the recieving parent is responsible for picking the kids up and travel exspenses. She said I was wrong and that I had to have them at her house on time. I text her back and said I wont argue, I will bring them and I will let my lawyer handle it. I looked at the court order this morning and I was right. My Question is, Is it too soon to file contempt of court on her. Will the court look at it like im being petty? Is it too soon?

ocean

Send her a copy of that page of the new agreement and highlight that receiving parent is to pick them up. Next time, if she does not pick them up, you keep them until she does. Always have your agreement ready for when she calls the police. They will tell her to come get them. As for the kids, just tell them after you get them, that the new judges rules are that that parent that is getting them, come pick them up and that the adults will handle it. Guess she really did not read the new order.... See what happens the next time before taking it to court.

OneMan

Quote from: Justabovewater on Aug 06, 2012, 01:18:39 PM
I will try to keep this as short as I can. My Ex has decided to move to another town with her Boyfriend. She moved 60 miles away and has decided that she is going to fight to get full custody of the 2 young children so they can go to school where she lives. We now have 50/50 joint custody of them and share them every other week.

A little about her: She works 2 days a week 90 Miles from where she just moved to, the other 3 days she is not sure where she will be because she is in sales. She was evicted from her last home 4 months ago, which is why she is living with her boyfriend. Her boyfriend has 4 other kids living with them in a 4 beedroom house which is a total of 8 people living in the house. I did some digging and found that he has 2 accounts of assault and just got off probation 2 months ago for his last. He does not have a job at this time, and is looking for one now. She has had 4 jobs in the past 4 years and 3 boyfriends that she introduced the kids to.

A little about me: I am remarried. She has 2 children that has the same living arangements as my children do now. I live and work in the same community that the kids went to school last year. I have been working for the same company for the last 5 years and have climbed the ladder here at work. My wife now has had the same job the past 5 years and has also done the same. I have made all my child suppot payments and any other payment as far as that goes. I have a 6 beedroom home with plenty of room for all of them to run and play. I was the parent that picked the kids up from school last year if they got sick at school or got out of school early. Even though she lived here last year she worked 30 miles away.

Im wondering if anyone has ever seen this and how the outcome was? I dont want to be a dad that gets to see his kids ever other week. I love my kids completly and I am worried about the out come. I just dont feel that it is in the best intrest of the children to be living with there mother. How will this be viewed by the Judge?

Is she a difficult person...the mother?