Its not for anything bad. He just wants my oldest to go to school and live with him Monday thru Friday. He is 40 minutes away. She is 10 years old and our papers say she has the right to give her opinion on which parent to reside with but does not have the only say in where she goes basically.
School starts in six weeks and ex has just now notified me to move her to his house or else...he will take me back to court and fight.
We have another child who is 7 and I don't want them separated. He only wants my oldest child and not the youngest even though they are both his/mind.
He thinks he has a chance to get a court date before school starts?
I keep telling him that he wouldn't be able to get a court date that fast unless he is calling me an unfit mother. And he admits he is not saying that at all about me.
So. I am asking ..what you guys think? Is it possible for him to get a court date before school starts.
The girls have lived with me since the divorce which was five years ago. He only sees them on the weekends and is in the military (navy-subs). So I know he wouldn't even be in town while he has her (if he gets his way) and would leave her with his wife while he is gone.
I am a stay at home mom 24/7, remarried with a third child from my current marriage. So I don't want to separate any of my kids.How soon can an ex get a court date for change in child custody papers?I don't think anyone can answer that. It all depends on what court you go thru, if your in a major city that handles alot of cases it could be three months before you get a court date or he can go in there and say what he wishes just to get the court date.
Your best bet would be to call the court house and ask the family law some questions.How soon can an ex get a court date for change in child custody papers?If your husband files a petition for change of custody with the courts now, the pending court date would be scheduled depending upon their case load. It could take from 2 weeks to two months or more.
Judges usually do not like to talk to kids under the age of 12 or 13 years old when it comes to custodial homes. And unless there are extenuating circumstances, a judge won't change the custodial home after it's been decided through the divorce, until the child is 12 or 13.
However, this doesn't mean your particular case applies to these general circumstances... every case is different.
In cases like these, we need to think of the children's welfare, not ourselves. So, ask yourself if your daughter might thrive better in the school district where your husband lives, or not? If he's not going to be home during the time she goes to school, i don't understand why he'd want this arrangement? His current wife would likely be good to your daughter, but from where i sit, your daughter is NOT her responsibility, but the responsibility of you and your husband.
Somehow, i don't think step-parents should be loaded down with the responsibility for kids they didn't bring into this world.... I know most step-parent's don't mind, but 5 days a week is a lot.
take care and you would probably get really good advice and information from a family law attorney.
