ttp1
New
Reged: 12/03/07
Posts: 17
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I'm in Indiana, and this will be the 2nd time that my ex has violated our divorce papers. The first time, she broke the Indiana First Right of Refusal and I had to get a police officer to help me retrieve my child when she wasnt watching him and I wasnt given the option to watch him.
This time, she moved and did not notify the courts of her moving. I'd like to pursue this, but dont want to spend the money on a lawyer due to it is a pretty much cut and dry case. My question though, is how can I file myself for this, and what would the possible repercussions be with her violating this?
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chatter box
Platinum
Reged: 11/09/07
Posts: 1304
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I know in some states you have 30 days after to give notice. How far did she move and do you know why. If your not carefull you will just look petty and if she has a lawer your waisting your time.
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ttp1
New
Reged: 12/03/07
Posts: 17
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It was only another 10 minutes away from where she lived, but she only gave me 1 days notice. Add to that, she is moving in with someone that I recently turned in a report to about possible child abuse.
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chatter box
Platinum
Reged: 11/09/07
Posts: 1304
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What are you trying to accomplish?
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ttp1
New
Reged: 12/03/07
Posts: 17
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I just want her to follow the rules as I have been. This and to use in the future when I go for full custody. I am also concerned about the safety of my child.
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chatter box
Platinum
Reged: 11/09/07
Posts: 1304
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You need to find out in your states family law if she has 30 days to give notice after the move. It doesn't have to be in the court orders either. The reason being if she is evected then there may be no way for her to give notice before the move. Child support is much the same way. It is late on a given date but not legally late for another 30 days.
It sounds like your unsure that what did happen in the house was abuse so you need to wait until more information is found out on that also.
You do not want to go into court and look like you are just being unreasonable. I understand you are concerned for kids but you have to have patients and a lot of it.
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ttp1
New
Reged: 12/03/07
Posts: 17
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I understand, I also just want it legally noted too that she has been throwing regard to the rules that the court set out the window. I checked the laws, and it is 90 days prior to moving, she did not do this. Complete disregard of the law if you ask me. Also to add to it, she is moving in with the person she had watch my son the last time I had to call the police because of her violating the Indiana First Right of Refusal law, which I have the police report for as well, was thinking of adding this to the contempt of court I was going to file if only to use later on down the road.
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leesie
Bronze
Reged: 05/28/08
Posts: 28
Loc: Wisconsin
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I know how you feel. My ex moved when we were sharing custody and refused to tell me until 3 months later. He also refused to offer me first right of refusal ALL the time. He'd rather have his parents watch the kids then let me pick them up. But hey, thats what people who think they are above the rules do.
Do you think its possible she didn't know she had to inform the courts? I mean, ten minutes away isn't akin to moving to another town (Or it could be I suppose, depending on where you live). Perhaps she thought it uneeded? Thats giving her the benefit of the doubt.
As the the accused child abuse, unless you have marks, or its coming out the child's mouth, the system is rather slow. My two best friends work for the child protection services, and they pretty much have their hands tied unless one of those two factors are in place.
What does the child say?
--------------------
I can't live within you-- David Bowie
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tlv
New
Reged: 05/23/08
Posts: 9
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Just wondering what is the First Right of Refusal?
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KU girl
New
Reged: 05/28/08
Posts: 10
Loc: Denver
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I think it means that if the child(ren) are with her and she needs childcare, that you should be offered the opportunity to watch them before she asks her parents/a sitter/etc.
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