Your Take......

[purrrfectgirl]

So for anyone who knows my story hubby's ex is a little psycho.  She lives in lala land most of time and I think it's finally coming back to get her.

We discovered (thru routine checks of the local court clerk's page) that ex is now being foreclosed on.  She was served last week.  She's working crappy menial jobs on and off since the beginning of the year.  She's also got a lawsuit pending against a former employer (they supposedly let her get toxic black mold syndrome - pardon me while I snicker!).  Anyway, two of the three kids have said they wanted to live with us next summer, but if the foreclosure goes thru she will not still be there next summer.  Has anyone dealt with getting kids during the middle of the year due to a move away?  Or can anyone give me some sage wisdom on how to deal with this?  Thanks.  Fire away with the questions if you need more info.

[purrrfectgirl]

Just a little update for those following along.

Called one of her old neighbors (the one that tipped us off to
the vicodin addiction). She told us that the two boys have told her
within the last month that they don't want to move to California
with mom. They want to come live with dad. But ex has said before
that she's moving to California and nothing has come of it, but
we've been prepared for her to leave for several months now and it's
never happened. Maybe this is the real deal.

We use an intermediary (hubby's parents') as a dropoff/pick up
point. So if we find her house vacant before she gets the kids and
they say they want to live with us instead of going back to mom's
would it be kidnapping if we refused to let them out the door? Or
if we never showed up at the pick-up/drop off point?

I don't have time to detail it, but this woman is really psycho.
And we're always worried that something very serious will happen to
the kids one day at her hands! Thanks for the advice.

[Peanutsdad]

Unless you have a motion before the court granting an injuction against move away til a new custody eval can be done,, the current orders stand.

It wont be kidnapping, its custodial interference. If the police come and you refuse to turn the kids over,, make damn sure they are in danger at her home before you do that.


I strongly urge you to seek the advise of an attorney here before you end up in a worse position by pulling contempt.  At least then,, you know where you stand.

[joni]

file a temp restraining order to keep her from moving.

[purrrfectgirl]

How do TRO prevent move away?

[jilly]

They "restrain" her from moving away...or at least TECHNICALLY that's how they're SUPPOSED to work.  If she moves away in violation of the retraining order then she is in violation of the order. Only looks good for you and bad for her.

[joni]

is a generic term, doesn't just apply to DV cases or stalkers.  TRO means it's a temporary order placed to restrain someone from doing something.

[msme]

IF you get the TRO to keep her from leaving the area, & IF you know for sure that the house is empty, & IF your CO says that both parties must keep all parties informed of addresses & phone numbers, you could demand to know where she is living. If she refuses, you could call the sheriff & show him the TRO & the CO & see what he can do.

Don't know if he will be able to do anything but it seems better than doing nothing & it shouldn't get you into any trouble.

Good luck & God bless.


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