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Can she run?

Started by tiko, Apr 22, 2006, 01:48:26 PM

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tiko

My ex divorced me in New York and I was unemployeed at the time. The only assessts we had were in the family home. I choose not to hire a lawyer because a fight would have resulted in liens from lawyers on the home. The ex got custody of our three children. I returned to the Virgin Islands to accept a job offer where our family had lived for 15 years. 5 months after I singed the papers w/ the ex's lawyer, the oldest of my children moved down to live w/ me and finished high school here. He's now in college and I pay all expenses. A year later, the ex was overwhelmed with the other two and we decided to try to reconcile. She moved back to the Virgin Islands too. She has now moved out and is staying w/ friends. Since she has been back, she hasn't paid for anything. No rent, tuition, utilities nothing. There is still a judgement for child support and maintenence in place in New York but she hasn't asked me to pay her while she has been here. The family home is hers but she can't afford to live in it and it is rented.
My career is back on track and I'm doing well.
This is the big question. If I file a case at Family Court here and she finds out, she will probably take the kids ( 11 and 14 years old) out of school and run to the airport  go to New York and sue me for back child support. I know she can not take care of the kids. She doesn't even have a G.E.D. and works as a waitress. I have a very strong case to receive custody. I provide all money and parenting, provide all help w/ homework and drive the kids to and from school. Can she be prevented from taking the kids while the new case is in progress?

ocean

You really need to talk to a lawyer because you are there and the custody is here. How long have the kids been with you and going to school? You have a case but you either need to get a change in juristiction or have a NY lawyer get you temp custody while you go for full custody. Once you have custody, make sure you get the child support changed because it sounds like you probably have arrears and they could come after you for that. Good luck!

tiko

The kids and the ex have been here since last August, the whole school year. I will go to the court to see what the policy for juristiction is here. I really don't have budget for a lawyer at this point. Two kids in private school, one kid in college in Australia and all other expenses.