No money for a lawyer

[dipper]

Hey Soc, my fiance has no money for a lawyer.  His ex has a lawyer.  We are in Virginia.

They have joint custody of their 12 year old son, with her having physical custody.  In the three years since their divorce, he has had the child atleast half of the time.  She is moving 100 miles away to a town that offers no friendship to the child other than her family that he has seen three days a year.  the move is scheduled for June 13.  Fiance filed for custody and support.  Trial scheduled for June 1.  Her lawyer requested and got it postponed to June 29.  This will give her two weeks to have the child with her.

The child has written and signed a letter stating that he wants to stay here.

1)  Would my fiance be able to request a restraining order to prohibit her from moving the child from this county's jurisdiction until the actual trial?  

If so, does he just file a paper and await the judge's decision or does he need to appear before the judge?

[socrateaser]

>Hey Soc, my fiance has no money for a lawyer.  His ex has a
>lawyer.  We are in Virginia.
>
>They have joint custody of their 12 year old son, with her
>having physical custody.  In the three years since their
>divorce, he has had the child atleast half of the time.  She
>is moving 100 miles away to a town that offers no friendship
>to the child other than her family that he has seen three days
>a year.  the move is scheduled for June 13.  Fiance filed for
>custody and support.  Trial scheduled for June 1.  Her lawyer
>requested and got it postponed to June 29.  This will give her
>two weeks to have the child with her.
>
>The child has written and signed a letter stating that he
>wants to stay here.
>
>1)  Would my fiance be able to request a restraining order to
>prohibit her from moving the child from this county's
>jurisdiction until the actual trial?  

You should do just that -- ask the court to order the parties to maintain the status quo until after trial, on grounds that if the mother moves with the child now, the child may suffer irreparable harm from the change of residence.

>
>If so, does he just file a paper and await the judge's
>decision or does he need to appear before the judge?



You could ask for an ex parte emergency motion for an order for the other parent to appear and show cause why she should not be restrained from moving the child.

Beg, borrow, (steal?) but get a lawyer.

YOU REALLY NEED AN ATTORNEY. You have an opportunity to win here and you're gonna blow it.

[dipper]

Thanks Soc,

My fiance is going to see a lawyer.  However, not until next week.  She moves the 14th.  

 A)  IF he doesnt file for the ex parte hearing, will it hurt his chances of getting the child back?


 Also, she is moving 100 miles - but, with his work schedule it will be feasible for him to still take his joint scheduled time with the child until trial.  

B)  Should he put a wish to have the child his scheduled Thurs-Sun in writing to her lawyer, with the suggestion of her meeting him halfway for the transportation?    (This would be two weekends before their court date)

[socrateaser]

>Thanks Soc,
>
>My fiance is going to see a lawyer.  However, not until next
>week.  She moves the 14th.  
>
> A)  IF he doesnt file for the ex parte hearing, will it hurt
>his chances of getting the child back?

Judges don't like to disturb the status quo, so if she moves, it will make it much more difficult. Her lawyer will argue that you knew of the move and made no effort to stop it, and that it would be unfair to penalize the mother for your failure to diligently assert your rights.

Not that this argument will necessarily succeed, just that, by letting the court know that you know now, you have a far better chance of preventing the move.

>
>
> Also, she is moving 100 miles - but, with his work schedule
>it will be feasible for him to still take his joint scheduled
>time with the child until trial.
>
>B)  Should he put a wish to have the child his scheduled
>Thurs-Sun in writing to her lawyer, with the suggestion of her
>meeting him halfway for the transportation?    (This would be
>two weekends before their court date)

I wouldn't say anything to the attorney, because you will be admitting that you KNOW of the move. If the attorney already knows that you know, then i would write to the attorney (fax, then original by mail), that you vehemently oppose this move, and that if your ex doesn't immediately notify you through her lawyer that she will not move, then you will file for emergency relief.

Personally, I would just file, because, as soon as you notify the attorney, your ex is gonna bolt.

[dipper]

Thanks Soc,

My fiance is going to see a lawyer.  However, not until next week.  She moves the 14th.  

 A)  IF he doesnt file for the ex parte hearing, will it hurt his chances of getting the child back?


 Also, she is moving 100 miles - but, with his work schedule it will be feasible for him to still take his joint scheduled time with the child until trial.  

B)  Should he put a wish to have the child his scheduled Thurs-Sun in writing to her lawyer, with the suggestion of her meeting him halfway for the transportation?    (This would be two weekends before their court date)

[socrateaser]

>Thanks Soc,
>
>My fiance is going to see a lawyer.  However, not until next
>week.  She moves the 14th.  
>
> A)  IF he doesnt file for the ex parte hearing, will it hurt
>his chances of getting the child back?

Judges don't like to disturb the status quo, so if she moves, it will make it much more difficult. Her lawyer will argue that you knew of the move and made no effort to stop it, and that it would be unfair to penalize the mother for your failure to diligently assert your rights.

Not that this argument will necessarily succeed, just that, by letting the court know that you know now, you have a far better chance of preventing the move.

>
>
> Also, she is moving 100 miles - but, with his work schedule
>it will be feasible for him to still take his joint scheduled
>time with the child until trial.
>
>B)  Should he put a wish to have the child his scheduled
>Thurs-Sun in writing to her lawyer, with the suggestion of her
>meeting him halfway for the transportation?    (This would be
>two weekends before their court date)

I wouldn't say anything to the attorney, because you will be admitting that you KNOW of the move. If the attorney already knows that you know, then i would write to the attorney (fax, then original by mail), that you vehemently oppose this move, and that if your ex doesn't immediately notify you through her lawyer that she will not move, then you will file for emergency relief.

Personally, I would just file, because, as soon as you notify the attorney, your ex is gonna bolt.