need advice quickly PLEASE.....BM moving child out of state
If you guys have been following my drama with BM on here, well it just got messier. DH went to get dsd today and of COURSE BM is at work, no phone call for DH to get her while she worked(contempt #4 since june 4th) well to make it short, BM's husband was cursing at my DH, threatning him, yelling HIT ME over and over and now said he accepted a job offer in Kentucky(we are in Indiana) we know its an attempt to keep Dh from his daughter because he works 8am-8pm 6 days a week and there is no way he can get off at 8pm drive 4hrs(just to border) to get his daughter for visits. I went and got a tape recorder which Dh will wear everytime including tonight when he gets/takes home DSD. We contacted out lawyer but he is out until tomorrow, so just asking for some opinions on things to do. We are gona file a hearing stating its NO in childs best interest to move to KY, moving from ALL family including bm's, step dads, dh's and mine and with prior court june 4th her admitting she was keeping child from him that this is all this is. Any advice???
I think what you need is an
I think what you need is an emergency injunction to stop BM from removing SD from the state, if you can get one.
If he threatened DH you should call the cops and get that on record.
DH went straight to his
DH went straight to his lawyers after picking me up, and told them. we are waiting to hear what he has to say. on the stepdads page it has they are moving in 2weeeks... hopefully we can get this stopped because if not we wont see her again with dh's work
Emergency order
Emergency order tomorrow!!!!!!!
In MN, it seems almost
In MN, it seems almost standard for Custody agreements to include a provision that neither parent can move out of state with out the other parents consent. Read the divorce decree (I know its a pain) but you may find something useful that DH has forgotten.
My SIL lost custody of her 2
My SIL lost custody of her 2 kids b/c of her job. She had to move due to her job and she was not allowed to take her kids with her and her ex got them. I would think that since this is the step father that it would be even less of a defense. And my was in TX.
I agree read you decree I know in my dh's it says that neither are allowed to move out of state with the kids with out permission. Dh had that put in there on purpose.
in oklahoma, it gives the
in oklahoma, it gives the protesting party 30 days to protest the move-if further than 75 miles, if protest is heard and agreed, the party whom moved can be made to move back or at least send kid back and lose custody of the child. so depending on your states laws even if she DOES move, and the protest is FILED within the deadline, they court CAN make her move back or lose custody of the baby.
next time she makes physical threats...call cops and get a report...will look NASTY even if she never actually meant the threat, what will change?? she'll be more careful about what she says to anyone
Totally depends on any
Totally depends on any agreement your DH and his ex can reach.
And the state law.
And the specific judge.
I moved 800 miles away from my ex. He tried to fight it. And he lost. I do pay 1/2 of the airfare twice a year.
We have custody of my stepkids. We moved them 550 miles away from their mother. She fought it. And she lost. We weren't ordered to pay any of the visitation costs.
I'm not sure there's much you
I'm not sure there's much you can do to stop this, but definitely give it a try. There was a clause in DH's divorce decree that BM couldn't move out of the county without prior notice and DH's consent but she did it anyway. DH thought she'd get in trouble, but instead the judge just said because DH didn't file against her, it's the same as if he agreed with the move. She moved an hour away, with no valid reason. Her husband still worked in OUR town, and BM didn't work at all. Just a "grass is greener" thing. But before that DH and BM had 50/50 custody, so you can believe that threw a significant monkey wrench in the works.