question about custody agreement

[LivBenson2010]

I have joint legal and physical with my ex husband, and when I filed for divorce and when it was finalized my ex and I lived in the same county. He has moved to Macoupin county, which is a good ways away, and he isn't wanting to provide the transportation to and from me. I donot have a vehicle, and the public transpotation doesn't go were he is at. What can I do about this? Also, my time slot with our children is Friday after school to Monday evenings at 7pm. He isnt letting me keep them til then he is picking up on Sundays, and we have JOINT custody.

 

[irish223]

I have joint legal and physical with my ex husband, and when I filed for divorce and when it was finalized my ex and I lived in the same county. He has moved to Macoupin county, which is a good ways away, and he isn't wanting to provide the transportation to and from me. I donot have a vehicle, and the public transpotation doesn't go were he is at. What can I do about this? Also, my time slot with our children is Friday after school to Monday evenings at 7pm. He isnt letting me keep them til then he is picking up on Sundays, and we have JOINT custody.

So, he has primary, and the children attend school in Macoupin now? If so, you'll have to modify the parenting plan. If they attend school in Macoupin, then your time will be cut short unless you request primary physical custody. You should also request that he provide transportation since he created the distance.

Did he notify you and the court before the move? How long has he lived there?

 

[LivBenson2010]

So, he has primary, and the children attend school in Macoupin now? If so, you'll have to modify the parenting plan. If they attend school in Macoupin, then your time will be cut short unless you request primary physical custody. You should also request that he provide transportation since he created the distance.

Did he notify you and the court before the move? How long has he lived there?

Yes, the children attend school there because when the divorce was wrote up we were both living within 20 minutes of each other, and after it was finalized he moved to Macoupin county. Also, he notified me after he moved and no he didn't notify the court at all. He thinks he is above the law. And a year

 

[Proserpina]

After a year there's really nothing you can do to change his status quo. If you wanted to try for primary, you should have done it right after he moved. At this point there's no reason to change.


I agree that you should request HE provide the transportation since he created the distance.

 

[LivBenson2010]

The problem I am having is that the Judge is saying we have to go to mediation before either one of us can petiton the court, and my ex husband is refusing the medition claiming he doesn't have the money for it. What would my next step then be? Is there a way around the medition?

 

[army judge]

The problem I am having is that the Judge is saying we have to go to mediation before either one of us can petiton the court, and my ex husband is refusing the medition claiming he doesn't have the money for it. What would my next step then be? Is there a way around the medition?

Yes, hire a lawyer. The lawyer will get you before a judge sooner, rather than later.

 

[LivBenson2010]

Is there any way around hiring a lawyer and appearing pro se? I have contacted the agency in my area that represents for little to nothing, but they won't take my case. Last time a motion was filed and we went before the Judge, she said the decree is full of holes and needs fixed, I contacted the lawyer that did my divorce and she refuses to fix what she failed to incorporate into it. What do I have to do to fix the decree without a lawyer? examples: no specified time for drop off with me, it just states after school on Fridays, and there have been numerous times when I didnt get the kiddos til 8 or 9 at night, when the kids get out of school at 330, holidays are not desginated... help, any advice is appreciated.

 

[army judge]

Getting an attorney pro bono for domestic issues is difficult. You could do your research and try it pro se. A nearby law school might be able to help.

 

[LivBenson2010]

Thank you very much, I did fine when I went in last time pro se and I won the case. Thanks again for your input.

 

[LivBenson2010]

I was wrong about the time frame since he moved, I looked at my divorce decree and we were finalized in May 2009, and he didn't move til after the new year, I so believe it was in June of 2010. Just found out from my 5 year old that they have moved again, and I don't have the address, ex refuses to give it to me and all my son said was they now live close to the fire department. Legally doesn't he have to provide an address?