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ETA..2: Relocating and fighting for sole custody

Posted by on Jan. 9, 2013 at 8:59 PM
  • 17 Replies
Here's the deal.



I'm relocating across the country to be with my fiancé in the army. We're going to get married after we move. I am a divorced single mother. My son goes to his dads house every weekend, I have physical custody and we have joint legal custody. I'm fighting for sole legal and physical custody and to move and change the parenting plan.



My case, I have a restraining order on father, he has a PT job, he hasn't paid me child support in over a year, he pretends to be the best role model but he's horrible and my son is scared of him. I'm very stable and will be even more stable after being married.



What are my chances?





ETA


Well as unfortunate as this is my chances are better now, as I picked my son up from his father house this past weekend he had immediatly told me his dad hit him with a hammer and umbrella and had 4 different marks on him, his dad hit him with the hammer handle. I took my son to the ER and got X-rays done and TRO on my ex for my son. Idk where to go from here and what to do about everything. Any advice?



ETA2:

Well I went to court for the restraining order to find out that he hasn't even been served yet, he's not answering the door or his phone every time the police come.he's avoiding being served so legally he didn't have to show up to court although he knows about it. Also not to mention last week he had his brother pick my son up from school and basically kidnapped him, although since I said he hasn't been served its not kidnapping.

CPS made their report and said it is child abuse, they're not able to get in touch with my ex husband, to confirm or deny and is unresponsive to their attempts.

All in all this is just a mess, any thoughts...?
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by on Jan. 9, 2013 at 8:59 PM
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Replies (1-10):
icantshowmyface
by on Jan. 9, 2013 at 9:02 PM
Bump
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Mommytoralin
by on Jan. 9, 2013 at 9:06 PM

In Oklahoma if laws are the same where you are from you have a good chance.

My son's father has never been able to get any custody of my child because i have a restraining order against him.

Depends on the state.

There are single parent laws/divorced laws for each state on google you can look on there and it will help give you an idea of the legistlation and how judges form their opinions.

Good luck (:

Mommyto2LilMen
by Tina on Jan. 9, 2013 at 9:28 PM

Good luck!!! 

LifeCafe42
by Nora on Jan. 10, 2013 at 9:11 AM
Good luck get a free legal consult
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elizabethnoelb
by on Jan. 10, 2013 at 10:28 AM

 I think it would depend on how active the father is in your childs life and also how good of an attorney he gets!

elizabethnoelb
by on Jan. 10, 2013 at 10:30 AM

also, you can request to do whats called " in camera interview" where the child will actually go in with the judge in his/her chambers and discuss their wishes with them.  They are very friendly, and try very hard to not be so intimidating.  They wear normal clothes and everything.  If its something your child could handle, I would reccomend that.

faerie75
by Ruby Member on Jan. 10, 2013 at 11:19 AM
2 moms liked this

 not good. you have to PROVE your son is scared of him and that he is not fit and how are you going to prove that if you let him go over every weekend and havent taken it back until now when you decide you want to move for some dude? sounds like you are moving for the dude, and i dont agree with that. good luck to you.

easinpc
by Gold Member on Jan. 10, 2013 at 11:34 AM

I have no clue but here's a bump for you.  Good luck.

conniejo75
by Bronze Member on Jan. 10, 2013 at 11:38 AM
Do not move until married. Being engaged is no different than a boyfriend in courts eyes. And some judges really frown upon cohabitation when children are involved.
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Ridingsolo
by Bronze Member on Jan. 10, 2013 at 2:52 PM

Unlikely.  If he has been going over there every weekend, then his father is taking an active role in his child's life. 

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