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Freaking out and need reassurance!

2inluv2run's picture

Ok, so I havent been on this site in a long time, mainly due to the fact that everyone kept telling me to leave my then boyfriend. We are now getting married in May so I obviously didnt take any advice (sorry, no offense lol). But now I'm completely panicked and need help. We are dealing with a jealous, psycho ex-wife. (It may help to read my initial blog) We are dealing with an extreme case of PAS, she has completely succeeded in alienating the child from my FH's whole side of the family, as well as him. Weve spent the last 2 years in court fighting custody and visitation issues. She has filed 6 CPO's and numerous child abuse charges on us, all of which have either been dropped or "unsubstantiated". Regardless of all that she was just named "residential custodial parent" one month ago and we only get visitation EOW and Wed nights. We just got a letter last night of her intent to move more than 150 miles away. FSS (9) told us last night that they are moving to NC (from OH) because "mom got a job making $60,000 a year" (interesting choice of words for a 9 yr old). We previously have told our concerns to the GAL about her moving away because she told FH that if he doesnt come back to her she will have to move away because she can not watch him have another family. GAL at the time said not to worry about it. (Great advice, we obviously dont think too highly of our court appointed GAL) Obviously we are going to fight it but we've never gotten anywhere in the courts regardless of everything. So FH says if she's allowed to move we are following her. HELP, I really dont want to move! Is she going to be allowed to move now that she is the residential custodial parent???
Thanks for any help.

Comments

Amazed's picture

So...you got advice telling you that being with your BF wasn't the brightest idea due to all the drama. You ignored that advice,ignored the warnings of how hard you were making your life by staying around and continue to sit in the same situation. Now you're marrying this man and his psycho bm and want more advice and help...

hmmmm...sorry sweetie, I got nothin'.

Good luck.

~Always forgive your enemies...nothing annoys them so much~ Oscar Wilde

stuknaz's picture

BBB

I was thinking the same thing!!

I hate to say they told ya so but they told ya so!

"And this too shall pass..."

Kb3Hooah's picture

I found the following information for you based on the laws for your state:

Q: I am divorced and have custody of my children. What should I do if I want to move?
A.: Ohio law requires you to file a notice of intent to relocate with the court that issued the custody order. The notice of intent to relocate must include your new address unless this is otherwise prohibited by a court order. The court will send a copy of the notice to relocate to the non-custodial parent.

Q.: My ex-spouse does not want me to move with our children. What should I do?
A.: If a non-custodial parent objects to the relocation after receiving the notice of intent to relocate, the court in which the notice was filed will conduct a hearing to determine whether a modification of the parenting time schedule may be made to accommodate the relocation. For example, if an increased geographical distance between the parents makes weekly or bi-weekly parenting time impossible, then the court may allow the children to spend a long summer vacation and most school breaks with a non-custodial parent to compensate. Ohio law provides that a court may allow such a modification if it is determined to be in the children’s best interest.

Q: How does a court determine if a modification of the parenting time schedule to accommodate relocation is in the children’s “best interest”?
A.: Ohio law provides that a court must consider several factors to determine whether such a modification is in the children’s best interest.
These factors include, but are not limited to:
1) the reason for the anticipated move, such as employment opportunities or remarriage;
2) the distance that a relocation will put between the children and the non-custodial parent;
3) the involvement of the children’s extended family, such as grandparents, aunts, uncles and cousins;
4) the non-custodial parent’s relationship with the children;
5) the parents’ ability to communicate and cooperate with each other about matters relating to the children; and
6) the financial, physical and emotional ability of the parents and the children to travel for parenting time purposes.

Q.: I am a divorced parent, and my ex-spouse, who has custody of our children, wants to move. What are my rights?
A.: Once you receive the notice of intent to relocate from the court, you must request a court hearing to determine whether it is appropriate to modify the parenting time schedule to accommodate the relocation. If a court determines that it is appropriate to make such a modification, the court will then determine an appropriate parenting time schedule. If the court determines that it is not appropriate to modify the current schedule, then your spouse will not be able to move with the children to any location that will make it impossible to follow the current schedule.

Q.: Why would a court deny a parent’s request to relocate?
A.: Ohio law provides that modification of a parenting time schedule to accommodate a relocation will not be allowed if the move would not be in the children’s best interest. Relocation requests may be denied for many reasons including the following:
1) there is no legitimate reason for the move;
2) there is significant local involvement of the children’s extended family; and
3) there is evidence that the relocating parent is unable or unwilling to cooperate with the parenting schedule.

Q.: What happens if a court denies a request to relocate?
A.: If the custodial parent decides to move with the children despite the court’s denial of the request to relocate, then the custodial parent is in violation of the court order. The non-custodial parent may then ask the court to hold the custodial parent in contempt, order the return of the children, and grant custody to the non-custodial parent.

If the custodial parent decides to move anyway, but without the children, the court may issue an order granting custodial rights to the original non-custodial parent, and parenting time to the other parent. In either of these scenarios, the law requires the court to base its decision on the best interest of the children.
If the custodial parent decides not to relocate, the prior court order regarding parenting time will continue to be in force.

___________________________________________________________________________
“Unless commitment is made, there are only promises and hopes; but no plans.”

Kb3Hooah's picture

Haha, I don't know that I'd go that far Wink

___________________________________________________________________________
“Unless commitment is made, there are only promises and hopes; but no plans.”

JMC's picture

JamaicanMeCrazy

I gotta agree with BBB and I'm although I absolutely despise this phrase, for once it actually fits in your situation - "you knew what you were getting in to". Sorry. I hope you're a strong person because once you get married to this guy, you're tied to his problems and the skid/ex wife issues, no matter how hard to try to ignore or disengage. Best wishes - stay grounded and strong because you're going to need it.

2inluv2run's picture

Thank you very much the post! It sounds like I can just look forward to spending thousands more dollars and time in court. And then I'm sure I'll be moving anyways, since the courts never seem to go our way. We are currently trying to find a Father's Rights attorney.

And barbie, I dont think its fair to say that I can not ask for help now just because I chose to stay with my fiance. I mean seriously at one time in another I would bet that most of the women on here were encouraged not to get involved with a man with a child and chose to do so anyways. Is it really fair to leave the man I love because he has a psycho ex?

Amazed's picture

At what point did I say "you can't ask for help"...I don't recall that in my post. I stated a basic, "you asked for help before...you got tons of wisdom,advice,horror stories tossed your way. You chose to ignore it and now you're asking for more help and reassurance on things the ladies here have already tried to school you about. I got nothin'."

That's what I said...in a nutshell. Peace and good luck.

~Always forgive your enemies...nothing annoys them so much~ Oscar Wilde

2inluv2run's picture

I'm sorry, really I am. I dont want to offend anyone, I've been up all night, googling state laws and reading so many different situations that my head is spinning. I thought of this website because I figured there would be women on here who have been in the same situation and could say yes my SK was allowed to be moved or no they didnt. Thats all.

stepoff's picture

Don't even feel bad or appologize. None of us OWNS this site. There are people on here who brag about their situation, looks, wealth but we don't say anything negative to them about their rants. If we don't agree or want to hear it, there are plenty of other posts with people needing some advice and we go there. And this site is for ADVICE, not a Nazi "do this, or, do that" and if you don't do what I say you'll be shunned. Nobody can dictate your life to you. Again, we should all apply the "if there's nothing nice to say, don't say it" rule.

Amazed's picture

who is being a Nazi? who is bragging? did I miss something? who was being mean or not saying nice things??

~Always forgive your enemies...nothing annoys them so much~ Oscar Wilde

stepoff's picture

See your post above. Sorry, I'm not going to be baited. I'll take the "nothing nice to say so don't say anything" route.

You're forgiven.

Amazed's picture

wow...I've been here for over a year and this is THE FIRST TIME EVER I've been accused of "baiting"

amazing. I don't need to be told "you're forgiven"

There's nothing to forgive. Next thing you know I'll be accused of being an evil in disguise bm in addition to being told the nazi,bragging thing. Nice.

~Always forgive your enemies...nothing annoys them so much~ Oscar Wilde

BMJen's picture

Barbie you're no Nazi! LOL!

I can't think of once I've ever heard you brag. You've told us about yourself, but we've all told each other things here! And you are georgus, so if you've ever mentioned it you go ahead! Actually, I think Stick and I are the ones that always mention how beautiful you are. So that one should fall to me and her I'm afraid.

On your other blog I wrote that maybe you need a ST break, and I'm gonna have to repeat it. I think something is bugging you deep down right now, because the barbie I know is always the first one with the suggestions, advice, kind words, etc.

So what's up Barbie, are you okay? PM me if you have something you want to talk about. You sound very frustrated and the first response you gave to this blog doesn't sound like my dear friend. It sounds like my dear friend hurting.

Amazed's picture

*sigh* my darling Jen...you always make me all weepy and sappy ya know that? (((hugs))) you know I love ya girl.

~Always forgive your enemies...nothing annoys them so much~ Oscar Wilde

JMC's picture

JamaicanMeCrazy

NMF1, you're right - 2inluv, I apologize for my reply. I'm having a bad morning along with a pity party and probably just need to disconnect my keyboard. I definitely know how hard it is to walk away from someone you care about and love, no matter how bad the problems are - it's a lot easier said than done. Hope you can find the answers you need to make it a little easier on you, your DH-to-be and the skids. Best wishes to you ~

Kb3Hooah's picture

The first thing your DH needs to do ASAP is file a petition with the court to prevent the move. A court hearing will be set up and in the meantime the two of you should educate yourself on the matter.

Here are some things I found for your state:

Non-Custodial Parent

A non-custodial parent who is opposed to custodial parent's proposed relocation can have a substantial problem when facing a judge who feels that any child can adapt to a move. In such circumstances, you need to present concrete facts establishing why the move will not be in the child's best interests. Unsupported allegations or speculations about harm to the child will not carry much weight.

Other evidence that should be presented to the judge includes:

Showing that visitations with the noncustodial parent will be impaired
Showing that the custodial parent's reason for the move is questionable
Showing that the child's relationship with extended families will be disrupted, and
If the proposed move is to a foreign country, a showing that the impact of different cultural environments, as well as near total deprivation of access to the non-custodial parent
Again, an expert's affidavit, or some evidence that shows how the proposed move may adversely affect the child, can be very useful as support for the non-custodial parent's opposition to the relocation.

What happens if the custodial parent wins? In the event that the non-custodial parent is unsuccessful and the custodial parent is permitted to relocate with the child, another modification action can be initiated and custody can be transferred to the non-custodial parent if it is shown that the move was in fact detrimental to the child's development.

___________________________________________________________________________
“Unless commitment is made, there are only promises and hopes; but no plans.”

2inluv2run's picture

Thank you so much for the info! Hopefully we can find a new lawyer today and file the petition with the court today.

BMJen's picture

I'm sure at one point we've all been asked "what the hell are still doing with him".......so girl who cares what you were told before. My DH's x is a psycho from hell, but that didn't stop me from marrying him. And if I had found ST before the wedding I still would have married him....I love him!

I really feel bad for you FH right now. He must be going through hell thinking that she is going to up and move his kids so far away from him. I can't even imagine the pain I'd feel if I didn't get to see my kids all the time. I'm sorry for both of you, this is a hard thing to go through.

Find that lawyer girl, do what you have to do. I don't think she can decide it's okay without him agreeing to it, atleast I hope not anyways! Maybe this is where you guys can get custody?

Kb3Hooah's picture

2inluv - first write down exactly why it would not be in the child's best interest to relocate. For example, an obvious reason would be less contact with dad, but you need to *prove* that BM will impair that contact with your BF.

You said there was PAS: what is your proof and evidence of this?
Provide all of the documents that show the abuse charges were dropped, it may not have helped at that particular time to gain custody, but it could help in preventing a move if this is shown as a way she tried to limit contact with dad.

Is BM working now? What does she currently make?

___________________________________________________________________________
“Unless commitment is made, there are only promises and hopes; but no plans.”

2inluv2run's picture

Oh where to start with the PAS evidence, lets see

She has filed 6 CPO's which have resulted in our temporary loss of visitation and supervised visits for weeks and months at a time until the very end when she either drops the charge or it becomes unsubstantiated and the courts drop it. But all that takes time and every single time they granted her a Temp Ex-Parte anyways.

3 different child abuse investigations have occurred, all found unsubstantiated

She has told the FSS that he is a part of mom and that if dad doesnt love mom any more its not possible for him to love him either

The state of OH has pressed phone harassment charges on her for calling FH 618 times in 24 days after the "no non-emergency contact" court order

FSS now tells dad "its none of his business" when he asks him about schooling or sports or anything

FSS now tells paternal grandmother "no thanks" when she calls and asks for him to come and visit, tells Dad that he just doesnt want to see that side of the family anymore

She has stolen from our residence (we have her tape recorded saying she seen my stuff and opening and being inside our garage when neither of us were home, but the cops dont consider it enough evidence to do anything

She has told FSS to refuse to get into a car with me, at one point FH picked him up and put him in the car like a toddler and that resulted in a child abuse charge (obviously unfounded)

Psych evaluation came back as her being obsessed with FH, immature, that she regards FH as a "father figure" (not sure about that), that she treats FSS as a friend

We have hours of tape recordings of her threats to take child away and have FH never see him again unless he comes back to his family (her) (courts wont even listen to these)

I could go on and on,there is so much more from 2 yrs, this is just what Im remembering off the top of my head. I just dont understand. From day one everyone has said "oh she cant do that" or "oh he'll get custody if she keeps doing that" but thats just not the case. She has gotten away with everything and the GAL still says that it is in the best interest of the child to stay with his mother. Oh and no she doesnt currently have a job here. She is going to school to be a nurse, not sure if she is graduating in Dec and thats how she has the job in NC or what. Her parents pay her mortgage and her attorney's fees.

All of this has happened and she still was granted residential custodial parent just a month ago, hence the reason why we are now looking for a new lawyer.

PnutButta's picture

Well, sounds like your future DH is going to need some serious support from you, because this woman is never going to go away.

So...you need to figure out what you can do to help him. First try and contact a fathers rights group in your state. They will find the appropriate attorney for you. They will also tell you what you should be documenting, etc.

Also, grow a tough skin, you're going to need it. Women like that either don't change, or something really drastic has to happen for them to. She's bitter and hateful. Don't be like her. You may want to consider counseling as well, it will help to have someone that you can just talk to other than faceless people on the internet.

Also, I agree with NoMoreFaking. On this site, you have to just take what you need and leave rest. I have been on the receiving end of a certain someone's "Holier Than Thou" attitude, and don't let it get to you. You have a crazy enough BM to be concerned about.

Take care of yourself, take care of your soon to be DH, and your skid.

"No one can make you feel inferior without your consent." ~Eleanor Roosevelt

2inluv2run's picture

Thanks for the advice crayon, I wish I could just let her leave and be in peace! I would love for her to leave as long as the child stayed with us lol! Unfortunately my FH is a very active father (one of the reasons why I love him so) he can not deal with only seeing his child on Christmas break and a few weeks in the summer. So we are stuck fighting bm all the way.