Wife Trying To Move

[Vega]

OK here is the situation.  I have had my first hearing.  I am at 25% custody.  My wife comitted DV and was removed from the home initially but has now been givin the home back since our first hearing.  She actually doesn't want the home but is using it strategically so as to establish custody.  Her ultimate goal is to move the kids out of state to her parents house.  She has already told the courts I can have my car and the home but she has petitioned for full costody so she can move.  I have always been a very involved parent and have a strong bond with the children.  The problem is the are she wants to move to would force me to sale a home that was build brand new 2 yrs ago in order to move closer to my children.  Would a court actually let her do this?  This just doesnt seem allowable to me :/

[ocean]

Was this addressed in the first hearing, when is the next hearing?
Counter with, she can go buy kids stay with you to keep relationship with father, stay in same school, and family. You are willing for her to have extended vacation time when kids are off from school.

If you think she will go now, you can file a restraining order for the kids to stay in same school and not be taken out of state until the final hearing.

[Vega]

Was this addressed in the first hearing, when is the next hearing?
Counter with, she can go buy kids stay with you to keep relationship with father, stay in same school, and family. You are willing for her to have extended vacation time when kids are off from school.

If you think she will go now, you can file a restraining order for the kids to stay in same school and not be taken out of state until the final hearing.

I don't fear her running right now.. I just know for a fact her strategy is to get custody so she can move out of the area close to her family.  I don't understand how she would be permited to do so but in the family court system absolutley anything is possible.

[ocean]

Then in the final paperwork, do not sign unless it states she will not move out of current school district or some people have 30 miles. Even with sole custody, if you have visitation every other weekend, she would still need the courts permission to move and change the order. Is she asking to move now?

[Vega]

Then in the final paperwork, do not sign unless it states she will not move out of current school district or some people have 30 miles. Even with sole custody, if you have visitation every other weekend, she would still need the courts permission to move and change the order. Is she asking to move now?

She isn't asking to move now.. she actually moved into the marital home so to establish majority custody.  That's her angle.  Her attorney is leading the way and she is pretty much in a state of mind where normal isn't normal.  Very selfish in nature.  I am thinking at the final divorce hearing in the end of April she will try to get the courts permission to move at that point.

[ocean]

Do you have a lawyer? Tell them you want a sentence or two added that limits or ability to move. "mother will not move children more than 30 miles without fathers written consent or the courts consent". If you are living close then try the school district instead of the 30 miles.

How can she negotiate visitation if she will be out of state? Do you have temp orders to see kids now?

[Vega]

Do you have a lawyer? Tell them you want a sentence or two added that limits or ability to move. "mother will not move children more than 30 miles without fathers written consent or the courts consent". If you are living close then try the school district instead of the 30 miles.

How can she negotiate visitation if she will be out of state? Do you have temp orders to see kids now?

I have 25% custody per our temp court hearing.  I work shift work and have 50% of my days off.  So they took my off time and split it in half.  I work 3 days one week and 4 the next.  I only have two over nights currently.    Her sister, parents, as well as friends and family live a bout 45min to 1 hr and half away.  She has no family in our imidiate area but my closest relative is 5 hours away.  None the less the children have been grounded in the schools for almost two years now. 

[MixedBag]

1.  Where's your attorney in all this?
 
2.  Get to know your state's code and what it says about a move away.....specifically the procedures.
 
3.  Fight to get 50% of the CHILDREN's time, not your time off work -- but THEIR time.   
 
4.  And yes, work/fight to get a specific sentence in there about not being able to move the children.
 
5.  And if she's in the marital home, make sure that is tied up too -- like she has to buy you out, refinance in a specific time frame, etc.....or else that will be an issue for a long time too.