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Trying to move out of state with son

I know everyone's situation is different. Here's mine:

  • Still married in MD. Judge ruled that we are getting divorced on grounds of my STBX's adultery, but hasn't signed it yet so it's not official yet.
  • Divorce on hold because STBX filed bankruptcy. Bankruptcy supercedes Divorce court with regards to finances (which is why the divorce is not final. The divorce court judge only has authority over our case for 90 days after the divorce is official and since there is no telling how long the bankruptcy will drag out he won't sign our divorce order until we are back in court after bankruptcy is over and he can make a final ruling on custody and remaining financial issues at the same time.)
  • STBX has been living with his mistress since May 2008 and their new baby born May 2009.
  • I have had full physical custody of my son since the day my STBX moved out. We currently share legal custody Pendente Lite.
  • I was laid off from my job the week before Christmas 2008. I'm still unemployed.
  • My STBX's attorney has been arguing for the past year that my STBX cannot afford alimony, to pay his half of the mortgage, and our other loans, credit cards, expenses, etc. Our home is in foreclosure because he refused to pay the mortgage and second mortgage since he moved out (house & mortgages are in both our names)
  • I have recently landed a part-time contracting job. The company is moving to Las Vegas and they want to hire me full time in Las Vegas. This would be a significant promotion from my last job with a pay raise.
  • LV is less expensive than MD to live and rate of pay is higher with no income tax.
  • With this job I could afford to support myself and my son (with my STBX's court ordered child support and his 50% of day care) at a MUCH higher standard of living than I could afford in MD.
  • Currently I can't afford my monthly bills & living expenses with my limited income living in MD in a 2-BR basement apt.
  • The job market in MD in my field is non-existent at the moment. I'd have to take a demotion to get employed here and I REALLY can't afford to live on my own here (it's expensive here!) at a lower level position.
  • I did not file bankruptcy. We just got a contract on our house and the proceeds from the sale of the house will pay off all our debt, which means I can avoid bankruptcy and will not have any debt except my car loan...if that!
  • I am completely broke and can't afford an attorney so I've been representing myself since June (and doing a DAMN good job if I might say so myself! I got $500 a month in alimony and every attorney told me I'd never get alimony given my situation)

My thought is when I go back to court, to argue that since my STBX cannot afford to support our son: per his attorney's arguments on the record for the past year, his bankruptcy, his still growing debt (to his family $20k+ and mistress $22k+).

 

In addition, I thought I'd argue:

  • his lack of interest in what was going to become of his wife and son through his physical and financial abandonment
  • both he and his mistress have filed Protection/Peace Orders against me (both thrown out because they were just rediculous)
  • they both have threatened me that they've got the FBI investigating me (they don't)
  • they call the police on me for no reason when I pick up my son from their house (it's court ordered that I have to go there to get my son).
  • the mistress is accusing me of trying to steal her identity (she's nuts! SHE stole MY identity...she can have it!)
  • I have binder full of examples of how my STBX doesn't have our son's best interests in mind when making decisions affecting our son

I'm wondering two things:

  • What kinds of odds do you think I have with getting the judge to give me full legal custody and allowing me to relocate across the U.S. with my son?
  • Do you have any suggestions to help me make my case stronger?
  • Thanks!


    by BecksMom   232 Posts 
    Posted on 9/29/2009 2:48 PM
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    Tags: moving out of state with child


    Answers for "Trying to move out of state with son"  (1) (You must be logged in to answer)




    HI Becks Mom -

    I am not an attorney, Spaz will give you her legal perspective.  However, I do have some experience with clients who have moved out of state away from their former spouses. 

    One clients spouse tried to say that she couldn't leave because he wouldn't see their child -  she relocated from Conn to Kentucky.  The judge ruled in her favor because he had already allowed her to move from their home state, NY, to Conn to live with her sister for two years.  She was moving to KY to get married and her husband and his business were in KY so the lifestyle of her daughter was going to improve drastically. 

    I would guess that you are going to have to prove that your daughter will have a significantly better quality of life in Las Vegas with you and your promotion, than staying in Maryland near her Dad.  That may be a tough road to hoe.  You might want to look up case law in your home state to support your position since you are handling your case pro se.  Case law may be vital for you to make a solid arguement.  You may be able to access case law at your local public library.

    Again, Spaz is the expert.  Let's see what she has to say.  I defer to her opinion.



    by Lisa Cannon   
    Posted on 9/29/2009 11:06 PM
    0







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