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BM going after full custody

timemachine's picture

My DH and I have moved an hour away from where we used to live. BM see this as an opportunity to try and get full custody of SS7 back. She claims we moved him away from all his family and it is not in Ss7's best interest to move where we did. Now all of that is bullshit because SS7 will see his mother and other side of the family just as often as he does now.

BM is at the state minimum for child support, is in and out of jail, and definitely not the moty. There are many more details to her poor life choices that I don't have time to write them all.

Advise on how to show the judge that this is an excellent move for ss7?
The schools here are top notch, SS7 has a bedroom AND a playroom, and this new house is only 40 min from BM's house.

Comments

timemachine's picture

Also SS7 has more opportunities to play with other kids and this area is very safe

timemachine's picture

He gave a 20 day notice when it was supposed to be 30 day.

Just in case this comes up in court...BM has moved and never gave notice. She has been living in a different city for 8 months now

Disneyfan's picture

What does the CO say? ExDF's order states that BM (custodial parent) can not move more than 40 miles away unless he agrees. A few years ago she was making noise about moving out of state. He spoke to a lawyer and was told if she moved the girls without his or a judges consent, she could be forced to move back or lose custody of the kids.

I hear she's still making noise about moving, but hasn"t pulled the trigger yet.

BethAnne's picture

I would emphasize the positives of the new place over the old town, and the continued stability that you guys offer in your home and the continuance of the old visitation schedule and how you continue to encourage his relationship with his mother and her family. Make sure to include facts and evidence. Dates of visitations to BM. Proof of phone calls SS has with BM. School rankings, neighborhood crime statistics, pictures of your old and new house and street. The number of miles from each house to BM's house together with an average driving time (perhaps print out a google map with directions on). School reports from both old and new schools showing that SS is well adjusted and thriving in your household. Then I would go back over the reasons why your husband was awarded custody in the first place and try to show how things haven't improved in BM's life. Again focus on evidence and facts.

Also make sure to have dates/addresses of BM's moves and copies of emails/texts that she sent updating you guys with her address that didn't give the 30 days notice. I'm not sure it will help as you didn't take her to court at the time, but it wouldn't be a bad idea to be prepared. Be prepared with a good reason why you only gave 20 days notice.