melanie14
Platinum
 
Reged: 03/11/06
Posts: 3058
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Don't let your kids go! and Don't play Mr. Nice Guy, it never works for you guys. Does she work now? Or does she stay home with the kids?
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Sarah1014
Platinum
 
Reged: 04/12/07
Posts: 2354
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There's no flippin way she's going to bring those kids to you every other weekend. She'll probably do it for a few months before it gets old.
She's just in love and blowing smoke up your A$$ right now.
I predict in the future (and this happened to me) she's going to trail off and stop bringing them. Then she'll try to persuade you to make the trip. Then you'll stop seeing your kids period. Well maybe twice a year like my X does.
DON'T LET HER LEAVE WITH THEM. Please listen to everyone here. They know what they're talking about.
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gigi
Platinum
 
Reged: 11/06/06
Posts: 5176
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Don't agree to stuff with the kids just under the thought that it might keep the peace and make her be more reasonable. It won't. She'll just take waht you give and use that as her new bottom line and try to get more.
My husband, trying to keep the peace, let his ex take control when he left her. She took advantage of it. Eventually he was able to get the money issues straightened out properly (mostly, there were a few things that couldn't be fixed, but those were not so important to him as they were to her), but because he had set a precedent on the kid issues by letting her take control, suggesting to the judges and therapists & evaluators that this was something he did not find offensive, he could not get that changed. She used the opportunity to do everythign she could to alienate them from him. What she basically wanted was just his paycheck, but otehrwise to have him out and have total control over the kids, who wouldu lose his point of view (which is what could have provided some balance in thier lives).
Because he acquiesed from the beginning, he was never able to fix it. Now, that said... you should know his kids are older teens. Because of things she's done since the judge & evaluators made thier decisions, if the kids were younger there is no doubt that she'd lose custody entirely. However, he has to balance the current situation's problems with the problems of having OLDER teens switch residences at this age. With your child, if you lost custody entirely because of some stupid thing like her moving away and you letting her... there is the possibility that if you were diligent and she were as unstable as this first move seems to indicate, that you could collect enough evidence to eventually get a change of custody, after a second court battle, and a huge expense of money to pay for attorneys... after having lost most contact for a few vital years. IF you lose today, I'm saying, all is not lost. You could spend the time and money and research and fight the battle again & win maybe. If you're very organized and do a good job of it.
But why set yourself up for that? Don't agree to her moving and don't let her make the claim that because you work, you never see your child. If she doesn't already, she's going to be working full time pretty soon... separation means that she's going to have to take care of her own finances/living expenses, and it doesn't matter WHICH 40 hours a week you work, it's going to be time away from the child.
If she's lucky to get shifts that are not during your work hours, then great. You get the child when she's working, she gets him when you're working, and it works out really well... and NEITHER of you will be able to say that the other is not a full-fledged parent.
Don't let her say that because your work hours are ... waht... during school hours instead of evenings & weekends like her shift work might be?... that you're not a full fledged competent parent. Heck, if she works nights, you're the one who is there to put him to bed and also later when things go bump & terrify the child in the middle of the night.
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Tardy71
New
Reged: 05/05/08
Posts: 3
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Again, Thanks to everyone for your advice and support! Every reply to my post has told me not to agree! That has really made me think hard and i gave her my answer, a resounding no! Nevertheless, she was not happy! My concern now is that she will take my boys and go anyway. She said she had a job offer on the table. Should i file a temporary custody order asap to try to stop this? I am more than a little concerned! Thanks again for all your help!
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Jada
Platinum

Reged: 06/02/07
Posts: 3499
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[quote]Again, Thanks to everyone for your advice and support! Every reply to my post has told me not to agree! That has really made me think hard and i gave her my answer, a resounding no! Nevertheless, she was not happy! My concern now is that she will take my boys and go anyway. She said she had a job offer on the table. Should i file a temporary custody order asap to try to stop this? I am more than a little concerned! Thanks again for all your help! [/quote]
Yes, you need to get an order restraining her from moving out of state with your kids.
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Starion
Gold
 
Reged: 03/04/08
Posts: 146
Loc: South Florida
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Do you have a lawyer ??
You need one. Talk to him/her. Maybe no on filing - she takes the kids away could work in your favor for custody if you want that and CS. IMO you need legal advice. A short term not being able to see the kids could pay in spades in the long run. She moves and stops bringing the kids in a couple months. You go there to see them/get visitation for a few months. Your lawyer presents in court your efforts and her moving 3-1/2 hours away... you could win custody and a ruling that she pays all expenses to see the kids.
Lawyer up.
Are you willing to be a single dad ? Do you have family in the area ?
Signed,
a dad who fought for his kids and won. It isn't all roses - it's a lot of work and basically slamming your future dating life door shut. But. maybe not long term... there are many divorced moms with kids... if your open to a blended family.
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EZmark
Platinum

Reged: 06/04/07
Posts: 292
Loc: Florida
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Tardy you aren't getting it yet? You're going to need more than a polite motion. If she has a lawyer you are going to get motioned in a few days and start defensive bleeding and losing. Do you have 10K to spend on this first round? IMO you need to do one of two things immediately. 1)If she has a lawyer advising her she will be using the system against you and being careful not to make any mistakes. I'm with Jada's ruthlessness on this one, file a restraining order immediately! Chances 50% you'll be able to keep the kids near you depending on the judge. Chances are you will lose everything else and most of the time with them regardless in the long run. 2)On the other hand if she's blinded by her three month fling and isn't getting legal advice Starion is right, great point, let her take the kids without permission. A mistake like that would likely cost her custody and with that support. If she doesn't make a mistake you're f*cked in this system. If she makes the mistake of running off with your kids and her BF before any seperation agreement she will lose big time! Maybe you could even get her to THINK you're OK with her running off without getting any permission if she's got no counsel you understanding softy. You need to speak with your lawyer tomorrow. If he can't tell you how he can hang her when she makes the mistake, or file the RO, you need someone else.
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gigi
Platinum
 
Reged: 11/06/06
Posts: 5176
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p.s. The tactic of letting her take the kdis without permission is very dangerous and will require a lot of work up front on your part. Teh minute she takes them you need to be on target, filing motions and demands that she bring them back immediately. That way, you will be showing how important the time with the kids is. Without doing this, you look like you're just acquiescing to wahtever she insists on doing as a parent, adn this is NOT parent-like behavior, to acquiesce when they've been kidnapped away from you!
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Aubreys Mama
New
Reged: 05/07/08
Posts: 16
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I am in the same situation as your ex, except I have only 1 child and have been with my boyfriend (not the father of my child) for 10 months today. (my ex left me while i was pregnant and soon after i started dating a good friend of mine) My boyfriend now lives in spartanburg which is an hour and 1/2 away from where me and my ex currently live. He is in a posistion where he cannot move down here and i am strongly considering moving there. Me and my ex are going to court next week over custody and child support. We are trying to come to an agreement between the two of us as far as visitation and have run into the same problem. I want him to have standard visitation (every other weekend) and he wants more i understand he wants more but with our work schedules and the distance it makes it harder to give more. My child and i spend aprx. 2-3 hours together at night on my work days thats not much at all and if he were to have her every weekend i would not get any days off with her myself.
What would you prefer your wife do?
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chatter box
Platinum
 
Reged: 11/09/07
Posts: 1309
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I'm not a big fan of the geographic restraining orders but I have to ask why should your X and your kid have to give up more time because you want to move? Maybe he should get more time in the summer.
I do believe that geographic restraining orders are important at least until everything is settled.
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