
ProbablyME asked: i currently have temporary custody during a divorce case. divorce proceedings have been going on for 10 months. mother has been gone almost 2 years i have had custody throughout. i filed proper paperwork for move in march, my 90 days (legally have to give that much notice) are up but my ex’s lawyer has delayed things so much that it has now been almost 150 days since i filed.
i (and my children) moved in with my mother and her husband about 5 months after my ex left and have been living there ever since. my mother is now getting a divorce and has left the residence (about 5 months ago). i had always planned to move once the school year was up which is why i filed as early as i did.
the problem is that my step father wants us out. he is making it very difficult and wants us out asap. i have talked to several people (lawyers, therapist, and even a former judge) who believe that i will be allowed to move (distance isn’t that far, but is out of state) but if i leave before actually getting permission from a judge i am afraid i might lose my children.
i have no viable option where we currently are, and where i proposed to move (with my girlfriend) there is plenty of space and opportunity and my kids want to move. my ex would never be granted custody from a judge as everything stands now, but i have no choice but to move and i am scared that she might be granted custody out of default. what should i do? should i try to tell the judge before i do it? we have a mediation planned in a week but i doubt she will agree to let me move no matter what. i am afraid and worried for my kids and myself. any advice would be helpful…
the ex left us to move in with the guy she is currently with and didnt even speak to the kids (except a couple times) for almost a year. she even showed up with him at our first hearing.
i slowly incorporated my gf into my kids lives. my ex and i have been separated almost 2 years and i plan to be with my current gf hopefully for the rest of my life (i know everyone says that).
its not being able to afford to live on my own. i could be able to in a couple of months, its the time. between bills and paying my attorney and regular stuff for the kids there is no money available RIGHT NOW for deposit, first/last month rent, etc.
my gf and i just got a bigger place to prepare for our merging families which also cost money. i filed very early so that i gave myself enough time to prepare no matter what the court decided and without my consent the lawyers have continually rescheduled and rescheduled.
school starts very soon and i am up against a wall with mostly time, not money.
nothing in writing saying i cant move.
she never gave me a written response in the 60 days like she was suppose to, but my lawyer told me that didnt matter since all issues were on the table and we are technically going through the divorce, but other lawyers told me that wasnt true so i dont know.
Claudia Figueroa