Chances of moving?

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blackcloud312

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I am a sahm of 4 children, married for 5 years, 2 children are in common. My oldest son is living with his dad in Indiana for a week now due to emotional and behavior issues I was having with him, my husband assured me that if he went there we would move from NY to IN this summer.

My husband is an alcoholic and on and off drug user, mostly RX drugs, steals mine even. Will take anything he can for a "high" feeling. P.D. have been called, he has had a TRO before but I dropped it. This Sunday PD was called again he was asked to leave voluntarily, he did. I went monday AM to family court, I was awarded a TRO for me and our kids, and Emer. Custody of both. i offered to have supervised visitation with him mother the "go between" and judge denied this stating his alcohol and drug addictions did not need him around the kids, and suspended all contact completely.

Court date is March 20th. My concern of course is the fact we moved here to Ny and he took complete control of me, I was the SAHM, we had another baby (6 mos now) checking acct is in his name, he pays bills, and drinks and puts me down in front kids all the time. He has been physical but not a whole lot, but threatened to kill me, suicide and whatever, drunk or not.

I have NO family here, no daycare, no support, sitters nothing. I want to go home, I know I have to get either court order or dad to OK this. We were thinking before I filed we could do a 2 month on and 2 month off which I would agree too IF he could not get drunk for 2 months but he can't. He can't even go 2 weeks, let alone months.

I have family in Indiana, a job if I want it, a place to live, my kids will have family, siblings there, as well as tons of support emotionally and financially.

Just curious what chances I have of this?
 
No one can give you odds on lawsuits.
 
Can you or someone tell me what I need to get to prepare to show "best interest of the children" Also I think he violated the RO again today, through Myspace.com we were on each other's friends list, he sent a message not to me to as a bulletin, but it was def. directed to me, stating "people" are not loyal, and lies spew from their mouths and the battle will be won and certain people will be hurt and made a fool of, etc...I deleted him from my account and set to private so he could not see my account, or my conversations.

This is so horrible. The whole situation. Can I ask, what would happen if he did not do the eval. as the judge ordered?
 
For best interests of a child, gather all the FACTS you can showing that you are the one who should have the kids.
 
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