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Well, it turns out that her mother co-signed for her again.  She needs a minimum income to qualify for signing the lease on her own.  I've encouraged her to get a full time job but, as long as she has an out I'm not sure it will happen.  At least I don't have to worry about the children getting pulled out of school for another year.  Thank you for all your help!

Well, I certainly have no intentions on tipping the apartment complex leasing office off.  I somehow believe this may be a ploy to try and get me to move back in.  The only way I'm going to find out anything is to wait until it gets closer to the lease expiring.  She'll have to start packing at some point and that's when I'll know to file the emergency order to stop the move.  The child support is taken out of my pay directly each month.  So, I don't have an option to pressure her in using it for the rent.  Also, I think her preference really is to stay in the apartment...but, to do so with ME staying there as well.  That's not going to happen.  So, it's kind of a waiting game at this point.  I'll keep you updated as soon as I hear something.  Does anyone know of a good attorney in MD?

Now THAT is hard to say.   I guess I don't see a problem in the long run.... mom just needs to learn that when CS comes, pay rent. 

End of story.  It's really a matter of money in and right back out.

Maybe she needs to add the CS as "income" on her lease in order to qualify and not have a co-signer?

Yes in an ideal world this would be easier.  Unfortunately, I have to prepare for the possibility that things may go south and she won't pay rent and would try to move.  If I don't have enough time to get an order by mid April there's no point in trying to co sign.   I feel my only recourse may be to continue with my over nights and maybe move as well to her parents area (30 minutes away) and rent a room.  That would circumvent the court process however, I hate my children having to move.  I just don't see the courts giving me custody to prevent that from happening.   

Ok thank you.  So IF they allow me how long would a motion to have the support paid directly as rent take to push through the system?  She has until mid April to resign the lease.

also if the Mom has paid rent for a year on time, and her name was on the lease, I wonder if she really needs someone to co-sign for the next year?

She and I both filed ch7 together prior to the divorce.  She has lived there 2 years.  How could I find out for sure?  Do you think the leasing office is allowed to release that info?

I have this strange feeling that the court wouldn't change custody based off this scenario and would probably let her move them due to financial hardship.  But, that's just been my biased experience with the system. 

I don't feel comfortable signing a lease because if she stops paying my credit will be ruined again.  I've spent 3 years since the bankruptcy rebuilding it.  I've not heard of the courts allowing child support to be paid as rent before.  I wouldn't have a problem doing that though if they would consider it.  If anything my son is going into high school and may want to stay with me if the courts would listen to him.  He's turning 15 in October.

The mother pays the rent directly.  Her mother co-signed off the premise that she would eventually take over after her credit improved.  The children's mother does have a job with almost full time hours.  The rent is 1500 a month and I pay her 1600 a month child support (but help out much more).  My concern is (if approved) co-signing for her is probably an extremely risky financial move since our relationship is unstable. 

Really in a pickle.  Divorced 3 years ago.  Moved back in together shortly after.  Didn't work out but, my ex and the children have been living in an apartment down the street for the last 2 years.  They are doing really well in school and settled into their sports and activities.  My ex's mother is the co-signer for the apartment.  She is refusing to sign the lease again in order to force my ex and the children to move in with them.  That means they would have have to be taken out of their current school and move about 30-40 minutes away.

I currently have 1 overnight during the school year and two during the summer per the order.  However, their mother and I have been in a relationship and I have had complete access to the children and we haven't been following the order.  I have been picking them up from school and very involved in their lives.  I rent a one bedroom down the street from them and have not exercised my overnights because of this.  The cost of living is such that it's almost impossible for me to rent a place that I can have 3 children in (14, 10 and 7).  So as you see things have been working well.

Though their mother and I have been in a relationship I acknowledge she isn't someone I could ever live with.  Been there done that.  I'm just concerned I will not be able to have my overnights after the move.  I wish there was something I could do to stop the move but I feel at a loss.  I can co sign the lease as I just got my credit score moving since the divorce.  Is my only option to let the move occur and settle for visitation?   

1.  Where's your attorney in all this?

2.  Get to know your state's code and what it says about a move away.....specifically the procedures.

3.  Fight to get 50% of the CHILDREN's time, not your time off work -- but THEIR time.   

4.  And yes, work/fight to get a specific sentence in there about not being able to move the children.

5.  And if she's in the marital home, make sure that is tied up too -- like she has to buy you out, refinance in a specific time frame, etc.....or else that will be an issue for a long time too.

My attorney is aware.  She answers my legal questions but I feel like a piggy.  We have a mediation next week at 160 bucks an hour and I get to pay 140 of it.  I am solid on the 50%.  There is no reason I should have 50% of their time. 
She has already said she doesn't want the home.  But I found out it is all because she wants to move out of state.  Back to her parents.  Or at least in the area.  Which would of course me getting rid of the home to move closer to them.

Do you have a lawyer? Tell them you want a sentence or two added that limits or ability to move. "mother will not move children more than 30 miles without fathers written consent or the courts consent". If you are living close then try the school district instead of the 30 miles.

How can she negotiate visitation if she will be out of state? Do you have temp orders to see kids now?

I have 25% custody per our temp court hearing.  I work shift work and have 50% of my days off.  So they took my off time and split it in half.  I work 3 days one week and 4 the next.  I only have two over nights currently.    Her sister, parents, as well as friends and family live a bout 45min to 1 hr and half away.  She has no family in our imidiate area but my closest relative is 5 hours away.  None the less the children have been grounded in the schools for almost two years now.