My ex said he had to have physical custody to get the higher housing allowance. Or at least that's what he told me. But, he said the children would live me, so I agreed. On his first visit with the children, a month after the divorce was final, he took the kids and left the state. There's was nothing I could do, since I signed the papers. I did not have counsel at the time. The counsel I retained after, took my $2500 and never did a thing, I had to serve him with papers after 6 months of being told I'm trying to locate him. I provided him with every number he could need and addresses, all he had to do was contact a server, which I also provided. After I had him served, my attorney disappeared, he secretary quit, he could not be reach by phone or mail, and no one he shared an office with knew how to reach him. In Dec. of 2004, my ex tells me that he is going to Afganhistan (he is in the army) and he'll be gone for 6 six months, and he was thinking of letting me have the kids. We have joint custody, he just has physical. So, I got a new attorney, and she said he had no choice but to give the kids to me, if he wasn't going to be around. I assume his attorney told him the same thing. 'Cause he had to spin it to sound like he was doing me a big favor by trusting me with my kids, and wanting me to agree to give them back as soon as he got back and give his parents all his visitation. In the state of Mississippi, you have to have a court order saying the kids live with you in order to register them for school, and Power of Attorney is not good enough. He would not agree to give me temporary physical custody, so I went to court and got it. He left for Afganhistan in March, and arrived in MS on the 28th of July. The kids had just spent three weeks with his parents and they never mentioned that he would be home in two days. If they had known, I would like to think that they would have asked to keep the kids for a couple more days, but they didn't. He wasn't gone a full 4 months, but his unit is still there until Sept. I did some checking. In June, he said he had some kind of plan in the works, and was planning on moving to where I live and live close, so that we wouldn't have to go back court and we could raise the kids together. Well, I have tried to ask him what was going on, like why he was back so soon, and his only answer is "You're not my wife". So, much for trying to work together. When my kids came home from his parents house, they were telling the babysitter that would they be moving to Florida with Daddy. Granted they are only 5 & 6, but they don't lie yet. What can I expect when we go to court in Dec (on my birthday)? Am I going to lose my kids again? Do I have a chance? The kids start school in two days. They have an older sister and new one due in Oct. Will they separate the kids again? Again thanks any and all help.
