• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Imminent divorce - wife moves away...

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

7zcata

Junior Member
What is the name of your state (only U.S. law)? Mississippi

I'm legally separated from my wife - we each have our own residence and our son (age seven) alternates weeks between each house. This is court ordered. Divorce hearing is scheduled in just a few weeks (its been scheduled several times in the past 18 months, but something always comes up - usually her lawyer is using some kind of delay tactic). Each of us lives in the child's school district.

Today I find that she has moved to Massachussets - very suddenly. The child was supposed to come over to my house yesterday at 5 - she texts me and says she's out of town with him and the weather is too bad to get a flight, and she'll let me 'make up' the days with him later. I find out through other sources that she isn't on vacation but she's moved permanently.

My lawyer says sit tight for now. Also that this provocative move on her part will reflect very poorly on her in court. Especially since she's (presumably) moving in with her newest boyfriend who lives in that area. This is the third boyfriend she's had in the past 2 years - each one has been 'the love of her life.'

My family is telling me I should file a report with the police - or do something to show that this fly by night behavior is unacceptable. One person said I should drive up there and get him back (but I'm very hesitant to do that). I'm worried because school starts here in Mississippi on the 10th and after labor day in Massachussets. I don't want him to get jacked around right before divorce court later this month.

What would you advise: sit tight? call the cops? go get him?

By the way: my attorney says that I have a very good chance of obtaining full custody based on some past erratic behavior on her part - even before this happened. It would have at least been joint custody with a lot of time shared between the two of us.What is the name of your state (only U.S. law)?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Mississippi

I'm legally separated from my wife - we each have our own residence and our son (age seven) alternates weeks between each house. This is court ordered. Divorce hearing is scheduled in just a few weeks (its been scheduled several times in the past 18 months, but something always comes up - usually her lawyer is using some kind of delay tactic). Each of us lives in the child's school district.

Today I find that she has moved to Massachussets - very suddenly. The child was supposed to come over to my house yesterday at 5 - she texts me and says she's out of town with him and the weather is too bad to get a flight, and she'll let me 'make up' the days with him later. I find out through other sources that she isn't on vacation but she's moved permanently.

My lawyer says sit tight for now. Also that this provocative move on her part will reflect very poorly on her in court. Especially since she's (presumably) moving in with her newest boyfriend who lives in that area. This is the third boyfriend she's had in the past 2 years - each one has been 'the love of her life.'

My family is telling me I should file a report with the police - or do something to show that this fly by night behavior is unacceptable. One person said I should drive up there and get him back (but I'm very hesitant to do that). I'm worried because school starts here in Mississippi on the 10th and after labor day in Massachussets. I don't want him to get jacked around right before divorce court later this month.

What would you advise: sit tight? call the cops? go get him?

By the way: my attorney says that I have a very good chance of obtaining full custody based on some past erratic behavior on her part - even before this happened. It would have at least been joint custody with a lot of time shared between the two of us.What is the name of your state (only U.S. law)?

I would advise you to do what your attorney tells you to do.
 

CJane

Senior Member
I'm gonna have to go with do as your attorney says also. You want to appear to be the rational one.
 

7zcata

Junior Member
No, not divorced yet. The temporary order states the child is to alternate weeks between each of us. He's done that successfully since June '08.

I guess I'm turning to the forum since I have a hard time getting in touch with my lawyer. He's been in practice a looong time and is really cutting back on his time in the office. Sometimes its weeks before I can get anyone in the office to answer the phone when I call.

The attorney said that her actions will help me in court. That's great but I have the added perspective of being a parent. I don't think she'll no-show for the hearing, or try to delay again - but I wouldn't put it past her. Then I'm worried that she'll have him enrolled in school and the hearing will be rescheduled for December or something. Then we'll be looking at possibly moving him back to Mississippi in the middle of the school year (If I'm awarded custody) and that will be further detriment to the child. In short, I'm just worried.

Her actions, in my opinion, aren't showing regard for the child's well-being - that looks bad for her but being a father and a realist I know that she has a distinct advantage regarding custody by being the mother. My goal for custody was a shared arrangement. How in the world can that be possible if we live 1500 miles apart?

I know I shouldn't try to take matters into my own hands, but I have to weigh the desire to be the rational one against my desire for my son to not have to get jerked around during the school year.
 

TheGeekess

Keeper of the Kraken
I was moved twice during school years. (2nd grade LA-TX & 7th grade TX-AL). Didn't hurt me a bit. I was also moved a couple of times between grades. Didn't hurt me a bit. Children are more adaptable and resilient then a lot of parents think.
 

7zcata

Junior Member
So true, Geekess...

I concur. However, I noticed your tagline about one of Newton's Laws of physics. The reason I'm interested in not having my son enroll in school in Massachussets next month is because I'll then be asking the judge to move him back to Mississippi midyear to continue his education - Newton's First law predicts that will be a difficult proposition.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top