Messages

Gabe: As an outsider looking in it seems that you'll have an uphill battle. If your ex hasn't been neglectful or abusive then it may be hard to undo your current situation.

I find it hard to think that a judge would grant you full custody of children on the basis that your ex wife obviously has trouble keeping a man.

Believe me, I feel for you but am only giving you my opinion. Your ex sounds as though she isn't about to give up the kids and the precious child support so she will fight it. Be ready to fork over some big bucks as it sounds like this could drag on.

I'm not sure at what age a child can decide and I don't know if it is even a set age. You and I know both know that your boys are old enough to express their wants to you. The problem there is that they may be telling your ex wife something completely different.

In my case, my 10 year old tells me all the time that he wants to be with me but then when he is with his mother tells her the opposite.

Good luck.

Thanks again for your reply. My attorney said that in all of his years doing these cases that I have the strongest case he has ever had, which makes me feel better.

Just out of curiousity are you affiliated with this site? What background do you have in these cases. You've been very helpful.

Thanks for the response. To answer your questions...

1. The kids are actually with me more than their mother, probably 60/40 as they attend school here in the town I live in. Their mother lives 15 miles away and has regular hours at work. I am flexible in my work as I own my own business and take off days and leave work when needed. I am the one responsible for getting the kids after school, etc., even on days that they are not supposed to be with me.

2. Both households are stable.

3. The kids are both boys, ages 10 and 5. They are involved in normal kid things like football and basketball, etc., of which I have never missed a game.

4. Both my extended family and my ex wife's parents live here in my town. Grandparents see the kids weekly and are active in their lives. Grandparents would be extremely limited if the kids are 900 miles away.

5. Both have good plans for childcare but like I said, I am very flexible and can leave work at any time.

6. They are both boys, maybe positive for me.

I failed to mention that my ex wife became pregnant while dating her now new husband. I feel this is a major reason for her wanting to leave now, she has no choice. Also, her new hubby is in the military and cannot move here which is why she is opting to move with him. She will be moving there with him whether she gets approval from the court or not.

I'm not in the bible belt and the judge that has been assigned to my case has been called by my lawyer as 'the best draw' I could have gotten as the judge is, himself, a single father.

Thanks for your help.

My ex and I have joint and shared custody of our 2 children. The kids spend equal time with us both and both of us are active in their upbringing.

Our divorce is less than a year old and now my ex wants to leave and move 900 miles away to be with a man she just married last week. The kids have only met this man one time yet she has petitioned the court for approval to remove the children from the state.

My lawyer feels confident that the court will not grant her the permission but also has indicated that anything can happen and that we can't be too confident.

Does anyone know the facts about how easy or difficult this will be for her to accomplish? I can't see that a judge would go along with this as I can't see that it is in the best interest of the kids to be uprooted from their family and home and friends to move across country to live with a man they don't know.

I am a well respected member of my community and have a great job and home. I can't think it will be easy for her.

Anyone have any statistics to look or any information about this? Thanks in advance for any replies.