skids mom trying to regain custody

[wehavecustody]

I used to frequest this site several years ago when my husbands Ex was trying to relocate their children to another state. We ended up with custody and they have lived with us primarly for the past four years. almost two years ago my husband was deployed. Just after he got his orders we were served with a request for modification, but were granted a stay of proceedings due to the deployment. The Ex based her request on fabrication, however because I am ONLY a step parent Ex was granted tempory custody of the skids and they went to live with her in another state for a year. While they were with her she and her husband decided to relocate again to yet another state even further away from us and they didn't ask the court here if they could relocate the kids. Anywho,  husband is home, kiddo's will be back soon and we have to fight all over again. Any suggestions about what we should do in this case?

[mistoffolees]

>I used to frequest this site several years ago when my
>husbands Ex was trying to relocate their children to another
>state. We ended up with custody and they have lived with us
>primarly for the past four years. almost two years ago my
>husband was deployed. Just after he got his orders we were
>served with a request for modification, but were granted a
>stay of proceedings due to the deployment. The Ex based her
>request on fabrication, however because I am ONLY a step
>parent Ex was granted tempory custody of the skids and they
>went to live with her in another state for a year. While they
>were with her she and her husband decided to relocate again to
>yet another state even further away from us and they didn't
>ask the court here if they could relocate the kids. Anywho,
>husband is home, kiddo's will be back soon and we have to
>fight all over again. Any suggestions about what we should do
>in this case?
>

You'll probably end up having to see a lawyer.

There's a lot of detail missing from your summary. For example, you state that you had custody. Is that physical, legal, or both?

And when the court gave the ex temporary custody, was that legal, physical, or both?

And did the temporary custody have a time limit (either a date or 'until the father returns to the US')?

And did the ex file for jurisdiction to change to their current location (which they could do any time after 6 months)?

I would say that if you really do get the kids back soon, then you're in pretty decent shape. I would guess that it would be more likely that the ex would file for permanent legal custody in her current state and not send the kids back. If that happens, you have a huge battle.

[John-J-Jay]

i'm confused. How did you loose or gain custody in the beginning? How old are the kids now? Has there been a substantial change in circustances since the last order?

who has custody right now and for how long?

[wehavecustody]

Sorry to be so confusing.

The kids mom was granted custody after the divorce. In 2000 she asked the courts to allow her to move them out of the state. After two years of fighting the courts told her she couldn't remove the children, but as long as she stayed here she could maintain custody of the kiddos. Given that information she chose to move without them and my husband became the primarly physical custodian and they share joint leagal custody. When she was granted custody, she was granted Tempory Physical custody and they share Joint legle. She did try to change jurisdicition and lost. The kids were supposed to be sent back as soon as my husband returned from his deployment, but we decided to let them finish the two months of school so they wouldn't have another change. Our judge ordered they be returned the day after school gets out and we bought the tickets that day. They will be home on May 19th. Ex did ask the court for another custody evaluation by the same guy who did the one for the divorce as well as the one for the first custody eval. Is that a little clearer?

[mistoffolees]

Sounds fairly clear. I don't think there's too much to worry about. She'll try to take them, but she has to be able to show a change of circumstance that justifies changing custody. Her best chance would have been when the father was overseas. Since she didn't get it then, I don't see how her chances would be any better now.

Of course, stranger things have happened. I would just not do anything unless she files in court (even if she threatens, just ignore it). If she actually files something, then see an attorney.