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Old 12-16-2010, 09:06 PM
 
1 posts, read 2,044 times
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I moved out of the house with my children and left my husband at home. He would usually pick the children at the weekend and return them on Sunday until he decided one day not to return them. I was advised by my lawyer to leave them with him and seek an expedited custody hearing which took around 2 months. At the hearing, we both got one week on and off with the children pending another case in around one month. At this hearing he was granted primary custody of the children while i get to spend time with them at the weekend. I also have to pay child support of $2500 monthly. The Judge said she was thinking of the children, she wanted them to remain in their school and the home they are accustomed to, since i had moved around 26 miles away. We have another hearing in 4 months. Does anyone have any suggestions as to how i can turn this around or at least be at the same level?
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Old 12-16-2010, 09:36 PM
 
Location: Up above the world so high!
45,269 posts, read 88,579,855 times
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Quote:
Originally Posted by betsy880 View Post
I moved out of the house with my children and left my husband at home. He would usually pick the children at the weekend and return them on Sunday until he decided one day not to return them. I was advised by my lawyer to leave them with him and seek an expedited custody hearing which took around 2 months. At the hearing, we both got one week on and off with the children pending another case in around one month. At this hearing he was granted primary custody of the children while i get to spend time with them at the weekend. I also have to pay child support of $2500 monthly. The Judge said she was thinking of the children, she wanted them to remain in their school and the home they are accustomed to, since i had moved around 26 miles away. We have another hearing in 4 months. Does anyone have any suggestions as to how i can turn this around or at least be at the same level?

Reconcile with your husband - it's your only hope at this point I'm afraid.
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Old 12-17-2010, 05:41 AM
 
345 posts, read 415,021 times
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Why did you move 26 miles from your family?
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Old 12-17-2010, 06:30 AM
 
2,596 posts, read 4,833,907 times
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Not sure what your situation was, but was there a reason you up and left with no notice or without working out a parenting/custody plan with your (ex)husband? That would be perfectly appropriate if there was abuse going on and you or the children were in danger, but inappropriate to simply take the children away from one parent with no agreement in place if there wasn't clearly danger.

Without knowing that detail, I would then question why you moved so far away. Is it possible that you could get a place nearer to the former home so that there would be less disruption?
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Old 12-17-2010, 07:36 AM
 
6,475 posts, read 9,936,188 times
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Move back to your kids' school district.
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Old 12-17-2010, 08:51 AM
 
Location: maryland
3,967 posts, read 5,922,388 times
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If you lost custody then there is more then you just moving 26 miles away as a factor....and 2500 a month....good goddess are you rich?
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Old 12-17-2010, 09:13 AM
 
345 posts, read 415,021 times
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Originally Posted by paganmama80 View Post
If you lost custody then there is more then you just moving 26 miles away as a factor....and 2500 a month....good goddess are you rich?
She really didn't lose custody, she left and the judge awarded primary physical custody to the parent that is in the family home. That was spelled out in the OP. The mother doesn't necessarily get custody. If the roles were reversed there wouldn't even be a question about the father not getting PC.

Since she left without the children and visitation was amicable it is probably safe to assume abuse / drinking / drugs on the part of the husband were not an issue. If they were she would have tanken the kids, or at the very least not let the children go back.

JMHO, another man.



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Old 12-17-2010, 10:44 AM
 
Location: colorado
2,788 posts, read 4,403,537 times
Reputation: 3320
Quote:
Originally Posted by betsy880 View Post
I moved out of the house with my children and left my husband at home. He would usually pick the children at the weekend and return them on Sunday until he decided one day not to return them. I was advised by my lawyer to leave them with him and seek an expedited custody hearing which took around 2 months. At the hearing, we both got one week on and off with the children pending another case in around one month. At this hearing he was granted primary custody of the children while i get to spend time with them at the weekend. I also have to pay child support of $2500 monthly. The Judge said she was thinking of the children, she wanted them to remain in their school and the home they are accustomed to, since i had moved around 26 miles away. We have another hearing in 4 months. Does anyone have any suggestions as to how i can turn this around or at least be at the same level?

Get a lawyer..ask for shared custody..I would advice the kids remain in the same school..let the judge know the week you have the kids you will take them to school so they remain on the same schedule. And wow your child support is so high why is that? Why did you leave him?
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Old 12-17-2010, 12:07 PM
 
Location: maryland
3,967 posts, read 5,922,388 times
Reputation: 1725
Quote:
Originally Posted by SadDad View Post
She really didn't lose custody, she left and the judge awarded primary physical custody to the parent that is in the family home. That was spelled out in the OP. The mother doesn't necessarily get custody. If the roles were reversed there wouldn't even be a question about the father not getting PC.

Since she left without the children and visitation was amicable it is probably safe to assume abuse / drinking / drugs on the part of the husband were not an issue. If they were she would have tanken the kids, or at the very least not let the children go back.

JMHO, another man.



No it says she left with the children in the original post sad.
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Old 12-17-2010, 01:33 PM
 
345 posts, read 415,021 times
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Quote:
Originally Posted by paganmama80 View Post
No it says she left with the children in the original post sad.

1) I missed that but she had no problem with visitation so the abuse / ... is still likely a non-issue.

2) their friends, school, ... are based from the family home. No judge will move them away unless there is a good reason. She didn't necessarily do anything to lose custody other than not being in the family home. The only thing known against the father thus far is that he's a male. Why should he lose custody because of this?

Further, at $2,500 / mo there is likely a disparete difference in income with her earning a good bit more. Perhaps he's a stay-at-home dad or disabled. Regardless, reverse the situation and see how the collective opinion changes.
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