mother threatining to move.....

[rn12rw2]

Thanks Kido.

 

[rn12rw2]

Va......going to court on the 8th of Sept. We'll see what the judge has to say. Hopefully he will tell her she can move but leave the child here in Va. As I have had her most of the time anyway, and we both have 50/50 physical and legal custody. I think she would have to get that overturned for her to have 100% physical custody and 50% legal custody in order for the judge to let her take her to California.

 

[nextwife]

Good luck. Let us know what happens!

It's amazing how many woman get a new guy in their lives and immediately let the new guy start making plans that takes their child away from their Dad. And I'm sure most of these guys are just as employable where they already are and it's just an excuse to move. The old "grass is always greener" mindset....

Out of curiousity, what does the new hubby do for a living that he thinks requires he move to CA?

 

[adonahee]

It's not just the 'new guys'...

but also the Ex-wives who will make these plans in order to be further away from the prying eyes of the Dads, or family members, or others who may criticize their decisions....

Good luck, and don't give up!

 

[bkiddo]

recent precedent in my state

So sorry for your trouble. Seems to be a trend. I live in IDAHO, but thought a recent State Supreme Court case here might be helpful... In Kimberly Roberts v Larry J Roberts, Docket No.27738, Hon. Larry R. Duff, Dist.Judge, presiding: "The Magistrate filed his opinion and order determining 1) In the event the mother moves [to Boise,] a transfer of custody from the mother to the father would be in the best interests of the children..." Always nice to have a precedent backing you up, anyway -- crossing my fingers for you!

 

[chewy61]

Virginia - In my county, I had to file for - Enforcement of visitation and a petition to prevent the children(not my ex) from leaving the Commonweath until it could be heard in J&DR court. My petition also stated that I was requesting temp custody of the children. Before I filed the petition, the ex-pain pulled her noticed to relocate, therefore I had no grounds for temp custody. We still have a court date concerning visitation enforcement. What I am trying to say is make sure that what ever document you filed states that the children are not to leave the commonweath.

 

[rn12rw2]

The new hubby is an engineer. Supposedly couldn't find work here in Richmond or surrounding Va. cities. Thanks for your support and educational info. I have hired Carl Witmeyer as my lawyer. He says with the documented time and the witnesses such as neighbors (which one is a court reporter), friends and family testifying to the fact I do keep her on a daily basis (M-F 730 to 500PM and spending the night with me anywhere from 1 to 3 nights a week) and that we both have 50/50 physical and legal custody he is most confident we will win by keeping my child in Va. with me. I hope he is right. I don't really want to get my hopes up and get railroaded.

 

[rn12rw2]

NEWS FLASH!! Saturday morning at 2:21am, ex wife was the driver of her vehicle that was involved in a single car accident which speeding, dui was a factor. The passenger was killed. Spoke to the officer that worked the accident he said she will be gone for a long time. She is facing DUI (second one in ten years), reckless driving and manslaughter charges. Was getting ready to give my lawyer his 4000.00 fee today (monday) to keep her from taking my child to California. Now I won't have to. I filed a motion today (while she is still in the hospital with non life threatining injuries) to ammend the father to have full custody.

 

[rn12rw2]

News Flash!!

NEWS FLASH!! Saturday morning at 2:21am, ex wife was the driver of her vehicle that was involved in a single car accident which speeding, dui was a factor. The passenger was killed. Spoke to the officer that worked the accident he said she will be gone for a long time. She is facing DUI (second one in ten years), reckless driving and manslaughter charges. Was getting ready to give my lawyer his 4000.00 fee today (monday) to keep her from taking my child to California. Now I won't have to. I filed a motion today (while she is still in the hospital with non life threatining injuries) to ammend the father to have full custody.


See:


https://forum.freeadvice.com/showthread.php?t=181966

 

[nextwife]

Thankfully, the child was not with her. Good luck.

 

[rn12rw2]

ok, here's new info. The mother has now gotten out of the hospital. The officer working the accident is filing charges of DUI and manslaughter this coming week. The mother has requested for me to let her see the child, which I have done but now she wants to take her. She has arrived at my house either intoxicated or drugged for the pain. Her new hubby drove her. I feel and this is what I will tell the judge, that she is in no way physically or mentally able to care for her child and it is in the best intrest of the child at this time to remain in the custody of her father until our Sept. 8th. court date. Once those charges are given to her, she will not be able to go to California anyway. I believe also that after the judge hears of her demise and what is hanging over her head I think he will agree with me. After I let her visit to see her child a few times now she has gone to the CH to get a show cause stating I was not allowing her to see her child. Which of course will be heard on Sept 8th. I have asked the court to have an emergency hearing to have full custody of my child until Sept. 8th but they tell me (the court clerk) they have no available time to do that. So since she has gotten the show cause I am at this time refusing any visits. Also the child does not want to go over there or even see her mother.

 

[LdiJ]

ok, here's new info. The mother has now gotten out of the hospital. The officer working the accident is filing charges of DUI and manslaughter this coming week. The mother has requested for me to let her see the child, which I have done but now she wants to take her. She has arrived at my house either intoxicated or drugged for the pain. Her new hubby drove her. I feel and this is what I will tell the judge, that she is in no way physically or mentally able to care for her child and it is in the best intrest of the child at this time to remain in the custody of her father until our Sept. 8th. court date. Once those charges are given to her, she will not be able to go to California anyway. I believe also that after the judge hears of her demise and what is hanging over her head I think he will agree with me. After I let her visit to see her child a few times now she has gone to the CH to get a show cause stating I was not allowing her to see her child. Which of course will be heard on Sept 8th. I have asked the court to have an emergency hearing to have full custody of my child until Sept. 8th but they tell me (the court clerk) they have no available time to do that. So since she has gotten the show cause I am at this time refusing any visits. Also the child does not want to go over there or even see her mother.

Here is a link to the VA sentencing guidelines.

http://www.vcsc.state.va.us/Codes_Alph.cfm?ID=m

If she is being charged with manslaughter it looks like she is going to prision for certain. If she already had plans to go to California there is at least a slight possibility that she could get stupid enough to run. I think you are correct to refuse anything but visitation that is supervised by you. A rational person wouldn't run, but the last thing you want to have happen is her run, and take the child with her. A judge might get annoyed with you about it, but the judge certainly can't give custody to the mother in this situation.

The mother is going to HAVE to plead out this one, she won't have any choice....but it doesn't look like probation is a possibility.

 

[adonahee]

My goodness, RN, what a tragic way to win custody - even though you deserved to keep her in VA. Good luck to you and the baby.

 

[rn12rw2]

Thanks to everyone with your suggestions and help!

 

[rn12rw2]

Update: Mother had not been charged as of 9/08/04. Mother was denied to take child to California. I could not get full custody yet because she had not been charged with the dui and vehicular manslaughter.