ANYONE who has fought for against ex to take children out of STATE in CA! HELP
anyone with any advice or experience in this please comment, my SO has two children, a 1 year old and 3 year old, the BM has had them in AZ over the summer and it was suppose to be for a vacation and for the BM to sort through and save money (they are going through a divorce). So now at the end of summer the BM tells my SO that she has gotten a job and she plans on living there for good! My SO immediately gets a lawyer has them brought back to CA and now she has a lawyer and has filed an ex-parte and the hearing is on Monday, she wants to bring them back to AZ for good. My question is, what is the likelyhood a judge will allow two toddlers to live in another state away from their father?? AFTER my SO gave her EVERYTHING, offered her to live in the house and said he would pay her first 3 months so she could find another job. (Her only argument is that she cant afford to live in CA and she has family out in AZ). She was staying with her sister out there with the kids. I cant imagine a court system taking away custody when he is willing to work with her and help her on anything out here in CA. Anyone have any experience???? thanks!
Hi BravenewSM! Welcome to the
Hi BravenewSM! Welcome to the site. First and foremost; sorry to hear you're going through this. I believe it would all depend on where the jurisdiction is: A)CA and what is the temporary arrangement per the court order.
The other issue is your judge. An expedited full on custodial hearing is an absolute nightmare. Honestly? I went through this for the last 3 years. My XH filed an ex-parte hearing, judge granted temporary full custody to XH and literally destroyed my family. Talk with your attorney and ask these questions. For me? It was horrid. I lost all my rights and custody to a man who didn't even see his children for the first 9 months after our divorce began.
I never thought that I would lose all custody of my child, but I did. I pray you have the strength and courage to do this endeavor.
Mind you; after all of monies, testimony and losing my mind after it was over? The XH has yet to move out of the state. He had so many people lie on the stand; it was ridiculous. I should've just let my youngest go and live there. Not even fight as hard as I did. It was as if the last 3 years of what my family & child went through was in vain. My attorney worked diligently but somehow knew that I would lose custody of her. It was as if I never went to court. The judge did nothing but listen..but he had already made his mind up. He awarded sole legal & physical custody to XH.
All I have is visitation. So, please do all that you can to prepare yourself for any and all scenarios. Good luck!