Ex trying to move again with our children

[tazman602]

At this time, my ex has sole custody of our children. Back in 2010, the courts allowed my ex to move out of state with our children, smacking me with non-custody, every other weekend parenting time with our children in San Diego. In 2011, i filed contempt charges against my ex for depriving my parenting time and alientaing our children from me. I won he case and was able to establish parenting time with our children back in AZ ever other weekend.

Last June (2012), my ex removed our children from thier school in Santee, CA three weeks prior to hier school year ending to move back to Arizona. She was having berbal abuse issues with her re-married husband (they divorced back in 2003 and then remarried again in 2011. Crazy). when she moved back to AZ, she submitted a change of address with he courts, we enrolled our daugher in cheer, and we also enrolled both of our children in school in AZ. When my ex found out that I had no interest in getting back with her, she started to act crazy. She was not happy that I was engaged with someone new and that I had moved on with my life. She sent several text messages, one of which even stated that she was "bipolar". Long story short, in Novemever of 2012, my ex decided that she was going to move back in Santee, CA with her re-married husband again. She removed our children from school mid-way through thier second semester. I filed an emergency hearing that ordered her to return the children back into school in Arizona. Now, I filed a modification of custody, parenting time, and child support. I'm requesting joint custody with primary residence with me and final descision.

What are my chances? the kids are happy in school in Arizona, all thier family is in Arizona. My financee and I recently had a new born and they love spending time with her. I provided he courts several exhibits showing mom's instability and poor descision making when it comes to our children. She claimed that her move to Arizona was a "temporary" move to help her sister in Arizona. That "her life" is in Santee, CA and with her re-married. How can it be a "temporary" when she submitted a change of address with the courts, our children are enrolled in school in Arizona, and have text messages to prove this from her that i submitted.

 

[Proserpina]

I think your chances are better than most - you need to show that Mom's frequent moving is providing an unstable environment.

Get thee to an attorney though to make sure your Ts are crossed and your Is dotted.

(Not crossed eyes though )

 

[tazman602]

I figured. I've submited exhibits of her tex messages stating "racial remarks, accusing herself of being bioplar, threatning to move to other locations, ealling at our daughter, ect". I also submitted details information about her instability with her re-married husband and why they divorced the first time.

Plus, she submitted false documentation from her supposed "family doctor" that claimed that she was cleared of any mental issues. She submitted to sepearte forms from his family doctor that showed signatures that didn't match, the format didn't match, no lic# on one of the pages, ect.

The one issue that I have going against me with her, is that she is still trying to use our domestic cases from 2004 and 2006 that I pleaded "guilty" to. Was stupid back then and should have pleaded not guilty. That was the main reason why they let her move to California back in 2010, even though their was no child abuse and it was a misdeamenaor. She tried to use the same thing again in 2011 when she was found in contempt. Can my domestic cases still effect me again seven years later? I have established a wonderful relationship with our children, I'm involved in a perfect relationship of almost three years and we have a child togther.