Heart Broken

Elsa - posted on 08/30/2016 ( 15 moms have responded )

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The father of my kids...lied to the court and now he has temporary custody..
Does anyone have any advice?

15 Comments

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Sarah - posted on 08/31/2016

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I think the 3 hours and the state is the couple wanting to marry with the vacation issue?

~♥Little Miss - posted on 08/31/2016

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Is there a different post with this info that I missed? I don't see anything regarding 3 hours and a different state.
Any move that can impact changing schools, or distance impeding visitation or custody agreements can make a parent lose custody. Especially moving without the courts being involved.
Sorry love, but your ex has every reason to fight this. He is well within his rights. BUT you can fight it. Get yourself a lawyer and figure this out. BUT (another but) your ex should not have to reduce his visitations with your child just cause of you moving. That isn't fair either.

Sarah - posted on 08/31/2016

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You are right Ev, I am just thinking about where I live and there are four counties all feeding into my school district. I did not see three hours between them in her post. If that is the case, then I see why the judge ruled the way he did.
Elsa, can you clarify how far away you moved?

Ev - posted on 08/31/2016

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Jodi,
Each state as a set of counties in them. Some states are large and some small so county size varies. Where I live for example it was 50 miles from the west edge of the county I am in to the middle of the next county were my ex lives when he was in the only really large town there. He moved ten miles closer to the old family farm but was still 40 miles away until I moved to the county seat in my county and then it was 20 miles away. Some are even larger than that. So for us, 50 miles was find but the kids had to stay in their school district that dad lived in because of our agreement. Not everyone lives close to the other parent no matter where they live and sometimes distance is great. She said she was in another state 3 hours away. That would have an impact on the kids's school and other things.

Elsa--you are going to have to learn to deal with everything that is going on and go from there.

Jodi - posted on 08/31/2016

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I actually have no idea how big counties are in the US :P But I'm assuming there was a some distance if this had happened. If it was only 15 minutes away, that's just ridiculous, because nothing would impact. It only makes sense to me if things had to change for the child if there was a move.

Sarah - posted on 08/31/2016

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I see your point Jodi, I am imagining her just moving a few miles away to the next county. I suppose if it changed their school district etc, it could impact the kids. At 9,8 and 6 the kids can speak to the GAL. I got the impression from her post that she is not even permitted to visit the kids.

Jodi - posted on 08/30/2016

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Actually, it isn't unusual to remove the children from the care of a parent who moved away from the other parent until the court can hear evidence and approve the move. I've read many cases of this happening. You can't just up and move without permission from the other parent, and even though you say you had a verbal agreement, you can't PROVE that. You should have got it in writing.Even better, get it in a court document. YOU can't be prevented from moving, but the court CAN prevent the children from relocation. And that's what they've done. You now need to demonstrate to the court that it is in the children's best interests to move them away from their father. And if the kids are not very old (you didn't mention ages), the court won't talk to them, because it isn't up to them.

Sarah - posted on 08/30/2016

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That's a strange reason to remove them from your care. Do you have visitation? How long until the hearing?

Elsa - posted on 08/30/2016

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He said I moved away without his permission to another county....whem in fact we had a verbal aggreement.....I just forgot how vindictive he was after all those years of abuse.....Judge has ordered a guardiem of lite and she did nothing but take his side without even speaking with my kids....the day of court I was emotional and I guess unprepared....I was expecting the best but he happen to get custody due to jurisdiction.

Sarah - posted on 08/30/2016

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What did he lie about and how old are the kids? Temporary, is just that, temporary and if you can prove he made a false accusation, your kids will be returned to you. If you believe he is a danger to them? Then you have to call CPS and they will be removed from his care and put into foster care until you have your hearing.

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