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Conditional custody

Started by Apple, Jun 28, 2011, 03:29:45 PM

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Apple

DH and I met with his attorney yesterday to discuss upcoming hearing.  DH and BM use a Parenting Consultant to decide issues they can't.  PC recently decided the kids must stay in current school district.  For the 2nd year in a row BM has tried to move them and for the 2nd year in a row has been told she can't move the kids out of their current district.  However, this year BM signed a lease on  place, enrolled them in the new schools etc all before telling DH.

The new place is 60 miles away from schools.  Not possible to go back and forth every day.  DH told attorney if BM insists on moving he wants the kids to live with us so we can take them to school. 

Attorney discussed conditional custody, in other words, giving BM the option - if she moves, the girls come with with us. 

Anyone have experience or heard of it? 

ocean

Yes, means that she can move....just not with kids. If she moved back, then she could possibly get kids back.
Do you have a court date before school starts? Can lawyer file a restraining order so kids are not moved or signed in at new school until court decides?

Apple

We do have a court date in early August (school here starts early September).  At this  point I'm not sure where they're technically enrolled.  We told current schools kids would be returning, BM told them they would not be.  And BM enrolled them in the new schools.  But the current school knows about this conflict, so when the judge decides we'll contact both schools with the update.

We have talked about changing their residence temporarily if school starts before this is resolved.  And we asked attorney about moving the date up so the kids aren't in limbo about school (however if you ask BM she'll tell you she doesn't care what anyone says, her kids are going to a new school). 

I can't image BM moving if it means she loses custody.  Which is fine with us, we just want the kids to have stability.