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Custody Question

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JBMD

Member
What is the name of your state? VA

Hello all - I have a situation where my ex (has custody of child) decided to move to Oklahoma on a whim and the court let her go. However, they are required to come back for a custody hearing in Sept. I wanted to get some opinions on what would happen in court. See fact below.

1) We have joint legal custody, ex has primary physical custody.
2) Ex has remarried and I am currently living w/Girlfriend of 4 years.
3) Ex previously lived in VA and I live in MD.
4) Additional Facts: In May of 04 (I lived in NY at the time), I told ex that I was moving to the DC area to be closer to my son. The next day she called and told me that her and her husband were moving to Albany, NY. She moved to Albany in June of 04. At the end of the summer, I wanted to know where my son would be starting school and she told me a school in VA. She stated that she never said she was moving to NY. In Aug. 04 she moved back to VA. Apparently, she wanted to see if I would stay in NY or something, she just wanted to be a pain. So the I was deployed in Sept of 04 to Iraq. I went to my son's first day of kindergarten, ex did not, stating that it is just kindergarten. I was deployed in late September and returned home in May of 05. This is when I moved to MD w/Girlfriend. I went to my son's school to talk to the teacher and see how he was doing. I found out that my son was the only one in the class that didn't have his reading log filled out (state mandated). This is a log that the parents are supposed to complete.
5) For his kidergarten school year, son was at school for both the before school program and the after school program (about 7am to 6pm). I don't undetsand why considering that my ex doesn't work. She was taking some classes, but not full time and she does have a husband too. I don't fell that there is any good reason for my son to be in school for that long.
6) In July 05, my ex decided that she wanted to move with here husband to Oklahoma. He asked to be transferred by his job. In her letter to the court she just stated that her husband was transferred. We know that it was asked for, because his company prides themselves on no madatory relocations. Also, he jsut happened to be tranferred to the store in the same neighborhood as ex's brother. So they will be living with her brother.

POINT: Do you think that i have a good chance of getting custody of my son? Doesn't she have to prove that moving to OK was in the best interest of child not just parent? Do you think that the court will look badly upon the fact that I'm living with my Girlfriend of 4 years? Can anyone please giv eme some advice?
SORRY SO LONG - Thanks for listening!
 


Zephyr

Senior Member
She may have to prove why it would be in his best interests to move, but you should also prove why it would be detrimental for him to move (i.e. the difference in time he will get to spend with you) I would also get some sort of documentation, if you can, from the new hubby's employer regarding their no mandatory transfers policy.

This issue could determine the nature of your relationship with your son for a very long time, you should also get a shark of a lawyer.
 

JBMD

Member
I would also get some sort of documentation, if you can, from the new hubby's employer regarding their no mandatory transfers policy.
Printed statement off of internet of new hubby's employer, stating that the company does not have mandatory relocation ... do you think that this is enough?
 

stealth2

Under the Radar Member
Probably not. There are always exceptions, and you don't really know what his particular situation may have been.
 

NotSoNew

Senior Member
please please do not go without a lawyer! we just did that and screwed ourselves. Ex was requestion permission to move 3 hours away to PA (we are in NJ) NJ has court ordered mediation. The mediator told my BF that there was nothing he could do to stop her from moving, and he better agree to it or he would get less time if he went infront of a judge. So he did.

Now he consulted a lawyer who said that was absolutly FALSE, she would have had to prove it was in the best interest of the child to move away but you really need a lawyer or else the court walks all over you! Now that we signed the agreement there is nothing that can be done.

Also the fact that you are living with your GF will not have any effect on it, unless your GF happens to have a criminal record or something of the sort, otherwise no.
 

JBMD

Member
Is it going to matter that I live in MD with my girlfriend and the original order is in VA? VA is where we are going to court.
I know that if I lived in VA there would ba a possibilty of not having the juridiction changed if she does get custody, but since I live in MD if she gets custody then the jurisdiction will go to OK and if I get custody the jurisdiction will move to MD. Right?

Do you think that because I already live 4 hours away, that will be a good thing for her, even though she's moving 20 hours away?

I'm sorry to ask so many questions, but I'm very nervous about the upcoming custody case, and I don't want to be blind sided by anything! I just want to be a part of my sons life, that's why I moved to MD from NY. I moved to NY right after the divorce and then when my son started kindergarten I moved to MD with my girlfriend to be closer to him, so that I could be there for my son.
 

JBMD

Member
Do you think that because I already live 4 hours away, that will be a good thing for her, even though she's moving 20 hours away?
 

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