I have sole custody and STBX filed false CPS allegations,want to relocate

[greatdad]

I am the Father  and won SOLE custody in a Virginia pendente lite hearing . My soon to be ex (STBX) originally filed for divorce and sole custody and lost.She had already taken the children and moved to another state before pendente Lite hearing.
I have since obtained 2 protective orders on her for threats (none in force now) and she retalliated by fileing false allegations of abuse with CPS. CPS and Police have ruled all as "unfounded". I  have bona fide a job with much higher pay ( 30%higher with benefits also) in another state , pendente lite only says I must give her and the court 30 days notice of intent to relocate.Also she was unemployed at hearing time so I got no child support, now she works.

My questions are:
1. Can she prevent the move, as now she gets every other weekend visitation, my move would be to Georgia from Va and she is in W.Va. We each drive  3 hours each way every other weekend to exchange children, obviously that will change. What form does my notice have to consist of?

2. Can I get CPS to press charges against her for malicious and bad faith allegations?

3. How can I get her to pay support, as I have no lawyer and she has a nasty one?

[socrateaser]

>My questions are:
>1. Can she prevent the move, as now she gets every other
>weekend visitation, my move would be to Georgia from Va and
>she is in W.Va. We each drive  3 hours each way every other
>weekend to exchange children, obviously that will change. What
>form does my notice have to consist of?

I think it's a mistake to just give notice. I think you should file for a modification of the pendante lite orders on grounds that your move will have a substantial benefit to the child, and that you will pay the difference in the cost of transportation, caused by the move.

Otherwise, you will appear to be the bad guy, when the mother objects to the move, after you provide notice.

Your alternative is to simply offer what I'm suggesting to the other parent and try to get her to stipulate to the order in advance.

Of course, you can also just not move until your judgment is final.

>
>2. Can I get CPS to press charges against her for malicious
>and bad faith allegations?

No. That's one for the district attorney, but I doubt you'll get anywhere with it. You can sue for malicious pros in civil court, but you'll have to pay your own attorney fees, and if the mother doesn't have any assets, you'll never get any damages, so it's a waste of time and money.

>
>3. How can I get her to pay support, as I have no lawyer and
>she has a nasty one?

If she's employed, then go to the courthouse and have the family court faciilitator show you how to file a motion for child support, on grounds that the other parent is now employed. Or, open a case with the VA Child Support Enforcement agency (this is not a preferred choice, because you're in the middle of a divorce, and getting the state involved will annoy the judge).

[greatdad]

>>My questions are:
>>1. Can she prevent the move, as now she gets every other
>>weekend visitation, my move would be to Georgia from Va and
>>she is in W.Va. We each drive  3 hours each way every other
>>weekend to exchange children, obviously that will change.
>What
>>form does my notice have to consist of?
>
>I think it's a mistake to just give notice. I think you should
>file for a modification of the pendante lite orders on grounds
>that your move will have a substantial benefit to the child,
>and that you will pay the difference in the cost of
>transportation, caused by the move.
>
>Otherwise, you will appear to be the bad guy, when the mother
>objects to the move, after you provide notice.
>
>Your alternative is to simply offer what I'm suggesting to the
>other parent and try to get her to stipulate to the order in
>advance.

She will not agree. I felt since she set precedent by moving out of Stae first that I should not be prevented. What about offering to not seek child support in lieu of her paying her own expenses to visit?

>
>Of course, you can also just not move until your judgment is
>final.
>
>>
>>2. Can I get CPS to press charges against her for malicious
>>and bad faith allegations?
>
>No. That's one for the district attorney, but I doubt you'll
>get anywhere with it. You can sue for malicious pros in civil
>court, but you'll have to pay your own attorney fees, and if
>the mother doesn't have any assets, you'll never get any
>damages, so it's a waste of time and money.
>What I meant was to see if CPS would be willing to take it to the D.A., as I have gotten the impression that they are really pissed at her wasting their time, that would be much better than me doing it. Also if she is convicted, then the allegation get's expunged, doesn't it?


>>
>>3. How can I get her to pay support, as I have no lawyer and
>>she has a nasty one?
>
>If she's employed, then go to the courthouse and have the
>family court faciilitator show you how to file a motion for
>child support, on grounds that the other parent is now
>employed. Or, open a case with the VA Child Support
>Enforcement agency (this is not a preferred choice, because
>you're in the middle of a divorce, and getting the state
>involved will annoy the judge).

OK, on that note she never complied with discovery from the original pendente Lite, she has changed attorneys and still hasn't complied even though my atty filed a motion to compel back when the hearing was on last October.

[socrateaser]

.

[greatdad]

CPS is pissed at her for wasting their time and saw that she was being vindictive. How can I get them to file with D.A. on my behalf as that way I can get allegations expunged cant I ?

She never complied with discovery, so how can I accomplish that without a lawyer?Isn't she in contempt?

As far as paying for her to visit if i move, she moved out of state first, so why would i be expected to pay?

[socrateaser]

>CPS is pissed at her for wasting their time and saw that she
>was being vindictive. How can I get them to file with D.A. on
>my behalf as that way I can get allegations expunged cant I ?

This question is silly. If you have an issue worthy of a criminal complaint, then you complain to the DA. Don't try to coerce some other agency into proffering charges. If the DA thinks you have something worth prosecuting, the DA will contact CPS and get the reports.

>She never complied with discovery, so how can I accomplish
>that without a lawyer?Isn't she in contempt?

You file a motion to compel. If your attorney did this and then withdrew, you probably still have the motion filed, but it's fallen off calendar, so you need to get the clerk to put it back on the calendar, hold the hearing and get the judge to force discovery or send the other party to jail until she agrees to comply.

>
>As far as paying for her to visit if i move, she moved out of
>state first, so why would i be expected to pay?

Because, your temporary orders contemplated where both of you live, and you are going to make that distance farther than originally contemplated. Thus, it is fair for you to pay one half of the additional transportation costs. Anyway, that's what I would argue were I your opponent.