In-state move

[Delilah]

Hello, all, I'm new here. My fiance's divorce is not yet final, but he does have a Parenting Plan in place. The divorce is going to trial in September, to finish up the financial end. The divorce began in January of '03. We are located in Cook County, IL. I'll be referring to the soon-to-be-exwife as "BB."

BB keeps telling the kids they are moving "away." For the past 29 months, my fiance has been paying her mortgage & utility bills as he was ordered to do in February '03. Today the kids told us what town BB wants to move to. My fiance & I, along with my children, live in a house that I bought in the kids school district. We specifically bought a house in the school district they have been in all their lives so none of our children would ever have to change schools. We have 5 children between us, but only 4 are here. My fiance & BB have joint custody with her being the "residential parent." The house accomodates all 4 children, which was our plan in hopes that someday my fiance's kids will live with us full time.

BB wants to move about 20 minutes away. The kids (ages 11 & 9) do NOT want to move or change schools. The 11yo is starting jr high in August. They have both said they would rather live with us, and stay at their schools, and see BB every other weekend & as much as possible during the week. I don't think a 20 minute move will interfere with my fiance's liberal parenting time. He is more involved in the kids education & activities than BB is, though....

What can we do? BB is fighting for 100% of the house, obviously so she can move & have a nice chunk to put down. We just wrote up a settlement agreement for my fiance's attorney to give to BB's side which states the kids will remain in "X, Y & Z schools, and if BB moves, they will come here to live." No way will she sign it, but it was worth a shot.

[flewwellin]

first off be happy she isn't trying to move 500 miles away.  Also you could just let it go to court.  what are the ages that the kids can decide for themselves where they want to live???