custody

[momzrock2]

I was in a mentally abusive relationship for over 9 yrs. We were not married. I recently went to court to file for custody of our 2children and was awarded physical custody with joint visitation, not sure what that means but children live with me, i have physical custody. I left the home to get away from my X's abuse just to another city, not another state and he has now filed an amendment of the custody case, he wants "sole" custody. He is just mad I was able to get away from him. Can he take the kids? I have already enrolled my daughter in a new school, getting ready to start a job, get an apartment and this will destroy them. I have been with them since day one 24/7 he barely sees them. What should I do and should i get a lawyer, can the court appoint me one? I have no money to pay a lawyer.

 

[Duranie]

Dad certainly has rights to custody, just as you do. If you moved the kids a good distance without permission, that might not look good in court. Mental abuse or not, its hard to prove anyways.

I would see if you qualify for legal aid otherwise you have to go court and prove the move is in the childrens best interest, and be prepared to do the driving to visits and to work out a fair visitation schedule for Dad should you be allowed to stay where you are.

You cannot just assume you can move the kids and enroll them in a different school. It is possible the courts will make you moveback, or give custody to Dad.

You really should do whatever possible to get an attorney since dad has one.

 

[momzrock2]

are you serious? Im only 1/2 hr away. i have never kept him from the kids. i had to move he was keeping me from working, keeping me in an apartment when he moved out. I moved closer to my family so they could help me with child care and emotional support to start over. how could i move back to that area if i cannot afford to, and im affraid of my x? he had complete control of my life for so many years, i want to work and have a life too..

 

[Duranie]

Then tell this to the courts. It is up to a judge to decide if you acted in the kids best interest.