Custody case advise needed

Kristen032281 - posted on 04/30/2015 ( 5 moms have responded )

3

0

1

My husband took his ex wife back to court last year to try to get full residential custody of their 5 year old son (she is the residential parent now) and the case was heard by an appointed magistrate. His decision came within 2 weeks of the trial ending (our attorney said it could take up to 6 or so) and was that my husband should only receive 2 extra weeks of visitation a year, bumping it from 4 to 6. No big change really at all. Of course, we objected. We also filed a motion to release the transcripts and now the decision is on the hands of the judge whom we haven't gotten a decision as if yet. In the meantime, my husbands ex wife has stated that she is moving on with her fiancé once they are married this summer. That is in a different city another 10 miles farther away from us. We already live 45 minutes apart and because we follow the local rule, my husband is required to do all of the driving. It's an hour drive to where she will be living. She knows she has to file a 30 day relocation with the court before she moves and she hasn't done that yet, I'm assuming because she knows it will look bad for her since her entire argument in court for their son to stay living with her was because he is already so acclimated with his life in his current hometown and all of his friends there, etc, and now she is planning to take him away from all of that herself anyway. But she did already sign him up for kindergarten in the new school district. The court doesn't know of her plan to love or that she signed him up already for school there (which, to me, shows her intention to move anyway). My question is, was she allowed to sign him up for school in another town before she filed for relocation with the court and is she allowed to do any of that while out case is still pending a decision from the judge? Does anyone know?

MOST HELPFUL POSTS

Jodi - posted on 04/30/2015

3,561

36

3907

I agree with Dove. However, I also think you will be hard pressed to have a judge disagree with the move. After all, it isn't going to interfere with your husband's visitation. Yes, it is an additional drive. But if he only has 6 weeks visitation anyway (I am assuming this is in blocks), how much is that going to impact?

5 Comments

View replies by

Jodi - posted on 05/01/2015

3,561

36

3907

I understand you already have a custody case open. I was just questioning, given he is only getting 6 weeks a year, whether you really want to start a fight over this one too. You didn't mention the every other weekend in your original post.

Can she ENROL a child in anticipation of a move? Probably not a problem. She's not breaking any agreement by enrolling.

Can I ask who moved further away first?

Kristen032281 - posted on 05/01/2015

3

0

1

I guess my question was more of a legal question: we already have a custody case open. So my question was can she start the process of moving him farther away before a decision is made in our current custody case? That just seems unfair. And we do already have visitation every other weekend and holiday and every Wednesday evening along with 6 weeks during the summer and we do all of the pick ups and drop offs so that 10-15 extra minutes will really add up....on too if the already long drive we have to make.

Dove - posted on 04/30/2015

11,761

0

1349

Good point, Jodi. I don't think a judge would care about 10 miles at all. That's what... 10-15 minutes of drive time depending on what area you are dealing with... Not worth going to court over, for sure.

Dove - posted on 04/30/2015

11,761

0

1349

She can try and do anything she wants to do... it's up to your husband and his lawyer to present all the evidence in court and see what happens.

Join Circle of Moms

Sign up for Circle of Moms and be a part of this community! Membership is just one click away.

Join Circle of Moms