She was awarded Sole Custody, time to appeal...help?

[Tayken]

I agree that too much moving isn't good for the children but this final move is back to the original neighborhood and the first school for my oldest which has all her friends so I welcome it, but should another move take place within the next 12 months I'll be filing papers. I AM the ONLY stability in their young lives and if she cannot provide a more stable environment for them I will seek changes.

Thanks again for the support everyone,

Riverbag.

That would be an excellent time to file a "Change in Circumstance" in the matters to protect the children from possible more dysfunction in their lives. Especially if they are again leaving the community they originally had roots in and you reside in that area.

It would at minimum in my opinion be a case for 50-50 joint custody equal access with jurisdictional (residential) boundaries (tight ones) put in place by way of court order.

 

[riverbag]

Yep

Yep

Agreed, especially with my youngest starting JK this year! Staying in the school district and the community which has their friends will be paramount unless she wants court action. I've proven to her that I am not intimidated by a courtroom or the paperwork required to get into one so I'm really hoping she stays the course.

 

[Rioe]

Agreed, especially with my youngest starting JK this year! Staying in the school district and the community which has their friends will be paramount unless she wants court action. I've proven to her that I am not intimidated by a courtroom or the paperwork required to get into one so I'm really hoping she stays the course.

I think what Tayken meant is that you initiate court action upon her move back to your neighbourhood. Don't wait to try to prevent her from leaving it again as a threat. Use her move as a material change in circumstances to ask for changes to your court order now.

Ask for the 50-50 access that is now possible due to both of you residing in the same area again, and ask for a mobility clause that prevents her from moving the children away again. You could also ask for custody to be changed from sole to joint as well, though I think you would also have to be able to prove that the circumstances which led to her being awarded sole in the first place have changed.

 

[riverbag]

Not going to happen

Not going to happen

When I originally took her to court, we lived 3 blocks apart and I couldn't get 50-50, My X would not communicate with me and she teared up on the stand with "He intimidates me and I'm afraid of him". The Female Judge ate it up and gave her Sole Custody. No evidence and no prior history of anything. I am also planning on moving out of the neighborhood some time next year so to fight and then move makes no sense.