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Father threatening to file change in custody if I do not move...

Started by nervous, Jan 09, 2010, 09:14:58 AM

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nervous

Quick overview...when my ex and I decided to file for divorce in November of 2008, we were living in Ohio.  He signed paperwork allowing me to relocate to Massachusetts (the state in which I grew up) with our three children.  This permission was confirmed with the court's Temporary Orders and again with the Final Divorce Decree.  We have been living in MA since that date, the children are enrolled in their second school year here, and I am employed as a teacher.  Now he is saying that he wants me to move back to OH with the kids or he will re-open custody.  Can he require me to relocate?  What are his chances of being able to get custody, if that is the option he pursues?

Very nervous...

ocean

Nope...not happening... He had his chance to keep you in his state. He can file for custody again but would need to prove neglect at this point. He may ask for more visitation time...
If he is a good father to them and just misses them...offer him maybe an extra week in summer or at a school break that he doesnt get them. Offer is he comes to your home state he can take them after school. Maybe have them email or set up a webcam so they can see each other a few times a week.
Any court case would be done in HIS state unless you ask YOUR state to take over first so if he does file anything ...you will be dealing with it there. (but dont worry too much on a custody change at this point...)

phil

Ocean is right, being forced to move back isn't going to happen and neither is a custody change.  Once the court gives you the nod to relocate, the court isn't going to make you move back because of him.  So, take a deep breath.  What is his problem?  I mean, what is he saying he really wants that he is threatening this?

Kitty C.

I concur with ocean and phil...........

The first thing he would have to prove is a 'significant change of circumstance', which is VERY hard to do.  And that significant change has to be something detrimentally affecting the child.  You'd have to be practically a drug-addicted prostitute and brought up on charges of child abuse in order to have custody completely reverted.  Just remember that anything he decides to file, you will have to answer to in his jurisdiction.  Don't take anything for granted......BUT don't let him intimidate you, either.  That's what he's doing right now.
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......