HELP! ex wants to relocate with my son

[roadkill]

Hey bro's especially you legal guys and those who have dealt with this situation...I need advice. My ex claims she is having economic hardships and is thinking of asking a judge to allow her and my son to move out of state to live with her parents. She claims she has to have her dad send her money every month to meet her bills. She is collecting workers comp and social security disability. She gets child support from me and my son gets dependent benefits from social security too. Thier total household income is roughly 3300 per month of untaxable funds. I get by on 1800 a month after child support. She claims she can't pay her monthly expenses (she has always had a spending problem and has huge credit card debt) and she might have to forclose on her house and file bankruptcy. Now as I see it. if she files bankruptcy and no longer has to pay her motrgage if she forcloses, she should be able to get an apartment for herself and my son and live much cheaper than she does now. Can anybody tell me how a judge could possibly allow her to take my son and leave if she is capable of making her bills if she puts a lid on her spending and has cheaper housing? Do I have any rights as his father to stop this from happening. Our divorce agreement states she cannot take him further than a 60 mile radius from me. Does her so called economic hardship over-rule this provision. ? I'll call my lawyer but I wanted to get some feedback from you guys here too. Thanks bro's.

[niko]

i do not think her economic hardship is enough to change the custody agreement. your consent is needed, if not given, i believe she has no right to take him with her, unless you are an unfit father.

i'd advise getting a lawyer who specializes in custody cases, better to play it safe than have her take him far away. she doesn't have good habits to teach him, yours are better.

oh, she can't live on 3,300 dollars TAX FREE? WHAT THE FUCK?

[thick]

man what a crock of shit. Your divorce covered that aspect and if she really brings in 3300 tax free, than i dont see her having a chance in hell at economic hardship. I would let her know that you plan on fighting this and that will cost more money. Also, I would attempt to get custody if your history is clean. She is proving that she isnt responsible enough to have a kid. Unfortunately, what judge you get is what will determine who wins or gets the kid instead of what is best for him a majority of the time

[CyniQ]

Originally Posted by thick

man what a crock of shit. Your divorce covered that aspect and if she really brings in 3300 tax free, than i dont see her having a chance in hell at economic hardship. I would let her know that you plan on fighting this and that will cost more money. Also, I would attempt to get custody if your history is clean. She is proving that she isnt responsible enough to have a kid. Unfortunately, what judge you get is what will determine who wins or gets the kid instead of what is best for him a majority of the time

That whole system is so biased against Dads it's un-fucking-believeable. A friend of mine stayed with his wife after she cheated on him because he was so afraid of losing his son.

I'm sorry for your situation bro.

[milesfan]

It wont happen bro. 50/50 legal custody can not be taken away unless, u get a record or are a unfit father.

Financial hardship is not a change of circumstance that should lessen your time with the child.

[Grizzly]

3300 take home a month? Let me guess; cars must be new every 2 years, clothes should always be bought with the season and water is supposed to come in a bottle with a french name? Financial hardship my ass! Cost of living doesn't get anymore expensive(except NY and maybe LA) than where I'm at and I'd feel straight rich with that cash. How'd you get hooked up with such a high maintenance bitch to begin with?

[Joffa]

Why not post this under the legal forum and see what Karch and the other attorneys have to say about it...

~Joffa

[CyniQ]

Originally Posted by Grizzly

water is supposed to come in a bottle with a french name?

I'm sure everyone has heard this one. George Carlin says that it's no coincidence that EVIAN spelled backwards is N-A-I-V-E.