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#226134 - 10/03/09 08:33 AM Re: Move away case [Re: Tali_Llama]
dvd Offline
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Registered: 04/02/07
Posts: 4169
"Awww, Astro - after your last discussion with Dvd in the other forum"

Just to clear up. There was no any kinds of "discussion" FROM me.

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#226141 - 10/03/09 04:50 PM Re: Move away case [Re: Tali_Llama]
nnn3 Offline
Member

Registered: 09/28/09
Posts: 24
Originally Posted By: Tali_Llama
Nnn3 - What Astro is trying to tactfully point out, without an accusing finger, is that it is EXTREMELY rare for the courts to remove custody from a biological mother of - (I believe you said you were the custodial parent for 10 years?) .. and hand the custody over to the father.

This kind of change usually only happens with some extreme circumstances, such as when a mother is an addict, an abuser or has severe hostility issues towards the father that is psychologically impacting the child(ren). (I thought it was most polite that Astro went with the least bad of the three for his example..)

Now, you've come on to discuss "move-away" options, which Astro has pointed out are separate issues. Move-away discussions on this site are typically for the custodial parent moving away. Any reader with even just a little intuition has probably deduced that you might even be considering just moving away with the children - something I think I would be considering if I felt that I had been "wronged" by the courts.

Astro's point is that, while its nice you've come to a free website to listen to a bunch of amatuers voice our opinions - that elements of your case, particularly the mediator mismanagement, are more complex and that you need to rely on the advice of paid attorneys - and maybe even get a second opinion, instead of using the internet for incomplete input on your case based on the limited information we have.

Meaning - ya get what ya pay for. The internet is a nice place for a little free research and debate/discussion, but paid professional advice is by far the better way to go.
I stumbled upon this forum as I was doing my own homework for my situation. Hopefully, there is someone out there who is in a situation like mines. Networking, getting ideas and pointers was all I expected out of a forum. So far a lot of the things in here no matter how big or small helped me look at my strength and weaknesses, where I went wrong, and what I'm lacking, I'm going to build on it. Yes I am going to hire an attorney.

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#226148 - 10/04/09 12:17 AM Re: Move away case [Re: nnn3]
Tali_Llama Offline
Superstar
***

Registered: 06/17/03
Posts: 6740
Loc: S. California
Good, then my fears are unfounded - I love discussion, and how members share their personal experiences, and even the heads up towards potential resources (like the Nolo Press books) that cut down on legal costs, but so long as you know what you're up against, we're good.
_________________________
Disclaimer:Not actual legal advice!

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#226153 - 10/04/09 09:18 AM Re: Move away case [Re: Tali_Llama]
IndyTex Offline
Expert
***

Registered: 01/04/04
Posts: 815
Loc: Dnet Since 1995!
To me this is a simple cart before horse....You need to regain PERMANENT custody, then file to move. If you try to get custody WITH a moveaway, you are likely to get nowhere.

Of course, it is still unlikely--even with custody--that you will be able to remove the children.

What you need to decide...is custody the important factor or is relocating to marry the most important thing?

Is there any possibility your fiance will value YOUR relationship with your children to move to be with you?

It's going to be a really tough situation for all involved because of your intention to move....

1. If you ARE granted custody and subsequent visitation--the children are going to lose their relationship with the father.
2. If you DONT get custody and move anyway, they will lose their relationship with you
3. If your fiance refuses to put your children at high priority and move to be with you, you will lose your relationship with him

So...do you value your children's happiness more than you value your own.

Been there, done that, and made the WRONG decision here. Just my 2 cents from someone who's been there.

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#226157 - 10/04/09 11:33 AM Re: Move away case [Re: IndyTex]
emilyrae Offline
Enthusiast
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Registered: 07/20/09
Posts: 417
Loc: Pasadena, MD
Indy, I think you've finally explained what the rest of us were trying to! Very well put.

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