RE: Children and Ex allowed to move

[polarbear68]

I need help.  My ex has custody of our four children.  Our divorce was final in Jan. of this year.  Because I had an attorney that wouldn't fight for me she is allowed to move to IL with the children.  Her parents (mom and step father) have been behind this whole mess and her step dad has been living here in WI since this all began a year ago.  He has been making all the decisions for the children and my ex.  My ex has severe learning disabilities so the court is allowing her to take the children and move to IL to live with her parents.  My question:  Is there anyway I can get the court to reopen this case now?  I was told I would have to wait two years before I can do this.  I have been envolved with my children since day one ie: their music, sports, camps, school activities, etc.  My two sons are now 4 and 5 and ready to start playing T-ball.  The girls are 13 and 15 and I have been there for most everything.  My attorney wouldn't allow witnesses to testify on my behalf because he said the judge doesn't like to hear a lot of testimony.  This attorney I believe has given me the shaft.  There were many people that wanted to testify for me...two pastors, a babysitter,  neighbors, contractors, etc.  Even my parents were not allowed to testify and yet her parents and sister were all allowed to have their say.  The fact they will be moving 350 miles from me is hurting.  I was awarded 6 weeks in the summer, every other Thanksgiving and 60% of Easter and Christmas.  While they are still here (They are leaving at the end of the school year) I get every other weekend.  Do you have any suggestions what may be done to stop this?  This is my first time writing to you.  Thanks in advance for your help.

[socrateaser]

Based on your post, I assume that the court has rendered a final judgment regarding custody. If so, then until a substantial change in circumstances affecting the child(ren)'s best interests occurs, your children's lives are determined and there is nothing for you to do other than get used to the idea that you've lost and you must move on with your life.

You may want to consider moving to IL, into the same area as where your children are located. That could improve your chances in the future, should things go badly with your ex and her new relationship. I am NOT recommending this -- just pointing it out as a possibility, if being near your children is extremely important to you.

As for your attorney giving you the shaft, I have no comment, as I would need to review your entire case file before I could come close to understanding the circumstances. If you believe that the attorney's actions were below the standard of expert care due from a professional, then you can contact a civil attorney and discuss a negligence lawsuit.