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looking for info/assistance

Started by lalaland, Jun 09, 2006, 11:37:47 AM

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lalaland

I'm new to this forum so please be patient.  My husband (a wonderful man and tremendous father) has joint custody of his two children whose primary residence is with their mother, about 5 miles from us.  He left the marriage due to her infidelity and at the time, did not have the resources (or thought he didn't) to fight for physical custody.  He was notified of her intention to move out of state (a considerable distance) with the children.  He is beyond devastated.  We have retained an attorney and are in the process of filing an Order to Show Cause, resulting in a restraining order so the children can not move.  We are prepared to take this as far as necessary.  The children have lived here forever, same school, tons of friends, involved with sports (which their father coaches).  I have some legal background and have been doing some research (found Tropea, etc.)  If anyone can provide me with any additional statistics, case law, research on any relevant information - I intend to be as proactive as necessary to help.  These children mean everything to their father and losing them to this distance will destroy him.  He doesn't deserve it.  Thanks in advance for any assistance.  

ocean

What are her reasons to move? You should have a good case since you live so close (no change in schools). How old are the children? If they are old enough, they could have a say in court. What is the visitation plan now? Does she have family by you? Good luck!

lalaland

Thanks for the reply.  Apparently, her new husband has the option of transferring with his company (we don't think its a mandatory transfer) but she is not very cooperative (or truthful) in providing info.  The kids are 14 and 11.  The 14 year old claims that he wants to move, they visited this state over spring break and apparently he met a 12-year old girl, who calls him every weekend.  I don't think that they comprehend what this move will really mean to their contact with their father.  I am afraid that she has filled their heads with all kinds of unrealistic promises.  And she is a master at using "guilt trips".  Their dad has them alternate weekends, one night during the week.  And in the summer, coaches both their baseball teams, we always attend all school/sports functions.  All extended family lives in this area and we are very family-oriented.  Her father lives near here but is not as involved with the children as ours is.  They have no one in this new state.  She's taking them back there over Jluy 4th week to "look at schools".    We meet with our attorney tomorrow to go forward with the Order to Show Cause.