Wife Trying To Move

[Vega]

OK here is the situation.  I have had my first hearing.  I am at 25% custody.  My wife comitted DV and was removed from the home initially but has now been givin the home back since our first hearing.  She actually doesn't want the home but is using it strategically so as to establish custody.  Her ultimate goal is to move the kids out of state to her parents house.  She has already told the courts I can have my car and the home but she has petitioned for full costody so she can move.  I have always been a very involved parent and have a strong bond with the children.  The problem is the are she wants to move to would force me to sale a home that was build brand new 2 yrs ago in order to move closer to my children.  Would a court actually let her do this?  This just doesnt seem allowable to me :/

[ocean]

Was this addressed in the first hearing, when is the next hearing?
Counter with, she can go buy kids stay with you to keep relationship with father, stay in same school, and family. You are willing for her to have extended vacation time when kids are off from school.

If you think she will go now, you can file a restraining order for the kids to stay in same school and not be taken out of state until the final hearing.

[Vega]

Was this addressed in the first hearing, when is the next hearing?
Counter with, she can go buy kids stay with you to keep relationship with father, stay in same school, and family. You are willing for her to have extended vacation time when kids are off from school.

If you think she will go now, you can file a restraining order for the kids to stay in same school and not be taken out of state until the final hearing.

I don't fear her running right now.. I just know for a fact her strategy is to get custody so she can move out of the area close to her family.  I don't understand how she would be permited to do so but in the family court system absolutley anything is possible.

[ocean]

Then in the final paperwork, do not sign unless it states she will not move out of current school district or some people have 30 miles. Even with sole custody, if you have visitation every other weekend, she would still need the courts permission to move and change the order. Is she asking to move now?

[Vega]

Then in the final paperwork, do not sign unless it states she will not move out of current school district or some people have 30 miles. Even with sole custody, if you have visitation every other weekend, she would still need the courts permission to move and change the order. Is she asking to move now?

She isn't asking to move now.. she actually moved into the marital home so to establish majority custody.  That's her angle.  Her attorney is leading the way and she is pretty much in a state of mind where normal isn't normal.  Very selfish in nature.  I am thinking at the final divorce hearing in the end of April she will try to get the courts permission to move at that point.

[ocean]

Do you have a lawyer? Tell them you want a sentence or two added that limits or ability to move. "mother will not move children more than 30 miles without fathers written consent or the courts consent". If you are living close then try the school district instead of the 30 miles.

How can she negotiate visitation if she will be out of state? Do you have temp orders to see kids now?

[Vega]

Do you have a lawyer? Tell them you want a sentence or two added that limits or ability to move. "mother will not move children more than 30 miles without fathers written consent or the courts consent". If you are living close then try the school district instead of the 30 miles.

How can she negotiate visitation if she will be out of state? Do you have temp orders to see kids now?

I have 25% custody per our temp court hearing.  I work shift work and have 50% of my days off.  So they took my off time and split it in half.  I work 3 days one week and 4 the next.  I only have two over nights currently.    Her sister, parents, as well as friends and family live a bout 45min to 1 hr and half away.  She has no family in our imidiate area but my closest relative is 5 hours away.  None the less the children have been grounded in the schools for almost two years now. 

[MixedBag]

1.  Where's your attorney in all this?

2.  Get to know your state's code and what it says about a move away.....specifically the procedures.

3.  Fight to get 50% of the CHILDREN's time, not your time off work -- but THEIR time.   

4.  And yes, work/fight to get a specific sentence in there about not being able to move the children.

5.  And if she's in the marital home, make sure that is tied up too -- like she has to buy you out, refinance in a specific time frame, etc.....or else that will be an issue for a long time too.

[Vega]

1.  Where's your attorney in all this?

2.  Get to know your state's code and what it says about a move away.....specifically the procedures.

3.  Fight to get 50% of the CHILDREN's time, not your time off work -- but THEIR time.   

4.  And yes, work/fight to get a specific sentence in there about not being able to move the children.

5.  And if she's in the marital home, make sure that is tied up too -- like she has to buy you out, refinance in a specific time frame, etc.....or else that will be an issue for a long time too.

My attorney is aware.  She answers my legal questions but I feel like a piggy.  We have a mediation next week at 160 bucks an hour and I get to pay 140 of it.  I am solid on the 50%.  There is no reason I should have 50% of their time. 
She has already said she doesn't want the home.  But I found out it is all because she wants to move out of state.  Back to her parents.  Or at least in the area.  Which would of course me getting rid of the home to move closer to them.

[sturich65]

As I previously posted ex may be petitioning the court to allow her to relocate to her parents house only  5 months after singning PSA (divorce agreement). Two Separate statements, My lawyer says "yeah right"

Here is the wording in My Agreement. I have removed the state from it


Statement 1.

"As of the date of execution of this Agreement, it is both parties'
intention to remain in the State of  XXXXXX after the entry of a Judgment of
Divorce; and to remain, insofar as practical, in geographic proximity to each
other. The parties have specifically discussed that they believe it is in their
children's best interests to be in close proximity to, and to be raised by, both
parents; and to be in close proximity to, and to have regular contact with, their
half-siblings."

Statement 2

The parties agree that the children shall spend no more than three weeks
total in any calendar year, and not more than two continuous weeks at: any time;
with the Wife's parents in state of XXXXXX or otherwise be away from the Wife's
residence for more than three weeks total in any calendar year during her
scheduled parenting or vacation parenting

Hopefully that will do it and it won't even make it to a hearing. I have been a good boy since signing agreement even though her mom says I am devil-spawn...

[ocean]

That wording will def help your case at the hearing but she will be allowed to ask for a hearing and give her reasons why things have changed since she signed those papers.

[sturich65]

My lawyer and another one I have consulted have stated, that most judges don't like to modify an existing arm's length agreement. In her Motion she will have to show this and we can refute it.

Only things that has really changed since then is the weather ( colder now here), and her (ex-wife's) mom's degree of insanity and loathing for the male gender...