Ex-Wife moving

[DMann]

I am new to this site, my ex-wife has just informed me that she is moving with my two daughters to North Carolina.  We currently both live in Indiana.  I have contacted my attorney and he advised that there is nothing I can do to stop her.  Any help out there, every other weekend is hard enough...........

[Kitty C.]

You need an different atty.  If you have proof (she informed you in writing or e-mail), you can get a TRO on her to keep her from removing the children from the state until the issue is resolved.  If she still moves, she is in violation.  Basically, the TRO says she can still move, BUT the children cannot.

What does your CO say about move-aways, if anything?  There is info on this site about move-aways and how to fight them, just double click on the word here in this post and you will get a list of topics/articles.  

[DMann]

Thank you so much, I have been blindsided by this, and quite frankly had no idea what to do, until someone recommended this site to me.  I will begin doing the research!

[joni]

you need to file a motion to stop her now.  Don't procrastinate, if she moves before you file the motion, it'll be near impossible to make her move back.

[DMann]

Sorry, don't know all the lingo... what do TRO and CO mean?  

[DMann]

Sorry, am totally un-aware of all the legalities.. What type of motion, is it something I can draw up myself, or do I need an attorney?  Your help is appreciated.

[Peanutsdad]

TRO- Temp restraining Order...

This is the document you NEED to file NOW. In essense, it will prevent the children from leaving the state until you can get it all resolved in court. You ex can still move,, but the kids dont.

CO- Court Order....this it any document with a judges signature,, ie, divorce decree, child custody/visitation. chils support, ect ect ect.

If you are NOT familiar with how to proceed with writing, and filing , AND presenting your own motions in court, I strongly urge you to seek legal representation.


In my own experience, I've seen mixed results on attempting to prevent move aways. Some are successful in proving that the move would not enhance the childrens lives AND would be detrimental to their best interests of maintaining close familial bonds with the ncp and/or and half sibs, grandparents ect ect.


I wish you luck,, and keep us posted,, or even drop a question,, someone is sure to answer it.

[DMann]

She's not planning on moving for about 6 monthes, Should I file the TRO now or wait until it gets a little closer?  I'm not sure when she is going to file her intent to move with the court.  What does it mean the kids can't leave the state until the issue is resolved?  Can I appeal decisions? And if so does that mean the issue is still unresolved?  How long can the whole process take?  

[Astro]

TRO = Temporary Restraining Order
CO = Court Order

For more acronyms go here:

http://www.deltabravo.net/custody/acronyms.htm

[joni]

it's going to take you a year and a day to get a court date and have the judge hear this.  that six month move-a-way date will be here before you know it.

it'll also look bad on you if you file last minute (like 5 months from now) and the judge says to you...."boy, you knew about this 5 months ago...why are you filing now?  to give this poor little darlin' a hard time???"

you need to make your statement to the mom and the judge and file right now and say...DO NOT TAKE MY CHILDREN AWAY FROM ME.