I was in a nine year marriage which ended with my husband assaulting me and threatening my life with a gun. He is facing criminal charges for these acts. After 8 months apart, he has filed for divorce, i was afraid to do so but am now relieved. The children have lived with me alone for the last 8 months, he has contributed nothing to our support or the mortgage during this time and we now face selling or losing the house (i borrowed money to pay the mortgage for 5 months but it is now 2 months deliquent).
with the divorce petition was an order to show cause for joint custody, we just had the hearing. he was seeking joint custody and every other weekend visitation. i contested this. he was granted supervised visitation despite the serious abuse he had perpetrated on me within earshot of the children. after reading my declaration regarding his abuse, he told the custody mediator that I actually abused him (untrue), so now the judge basically said there are allegations on both sides.
so, i retain sole physical and legal custody for the time being, he intends to litigate for custody when his criminal charges are "dissolved" (big assumption on his part.) he was granted supervised visitation every week just yesterday. throughout the marriage he was very neglectful of both myself and the children, and rarely spent time at home. he was very abusive to me for most of this time.
i need to move. my job as a childcare provider is ending (I babysit my nieces and my sister is moving back to our hometown). our house must also be sold soon or it will be foreclosed upon. i am in a new relationship with someone i knew many years ago, before i met my husband. this relation began about 6 months ago, after my husband and i were separated. i know him and his family very well, but had no contact with him all these years during my marriage.
i have to leave this house for financial and emotional reasons. i want to file an order to show cause to change the visitation to every other weekend because i will be moving 7 hours away (within the same state - CA) and am willing to meet husband halfway for visitation. i also will file with this order a motion that the court order him to cooperate with the house being sold.
main questions: can the court stop me from moving? if he argues that that children could stay here with him, will the court consider that, given the circumstances? can i remove anything from the household - the standard divorce orders say i cannont "transfer, encumber, hypothocate, conceal or in any way dispose of any property" does this mean i cannot move it to another residence until a judgement as to what belongs to whom is given? or simply that i cannot hide or get rid of it? i don't want to bring up the issue of property control if i already have a right to move things, only if i need courts permission to do so.
also, do i have to disclose where i am moving to and with whom i am moving? if i move in with my boyfriend will the court have an issue with that? he is a very kind person who intends on helping me support and raise the children. considering the abusive history, i do not want to disclose my new address to my husband. will i be ordered to do so?
basically, can i move with my children and my new partner? i realize in order to obey court orders visitation terms would have to be changed, which i will request with the order. do you think the court will grant this?
my new partner has spent a lot of quality time with the children and they like him very much, though he is not trying to take the place of their father. he is much better to them than there father ever was - he completely neglected them - but i understand the court's desire to maintain the parent child relationship if at all possible, and our particular judge seems very adamant about this.
what are my rights to move and take my children, and to a lesser concern, furniture, in this case?
please help!
with the divorce petition was an order to show cause for joint custody, we just had the hearing. he was seeking joint custody and every other weekend visitation. i contested this. he was granted supervised visitation despite the serious abuse he had perpetrated on me within earshot of the children. after reading my declaration regarding his abuse, he told the custody mediator that I actually abused him (untrue), so now the judge basically said there are allegations on both sides.
so, i retain sole physical and legal custody for the time being, he intends to litigate for custody when his criminal charges are "dissolved" (big assumption on his part.) he was granted supervised visitation every week just yesterday. throughout the marriage he was very neglectful of both myself and the children, and rarely spent time at home. he was very abusive to me for most of this time.
i need to move. my job as a childcare provider is ending (I babysit my nieces and my sister is moving back to our hometown). our house must also be sold soon or it will be foreclosed upon. i am in a new relationship with someone i knew many years ago, before i met my husband. this relation began about 6 months ago, after my husband and i were separated. i know him and his family very well, but had no contact with him all these years during my marriage.
i have to leave this house for financial and emotional reasons. i want to file an order to show cause to change the visitation to every other weekend because i will be moving 7 hours away (within the same state - CA) and am willing to meet husband halfway for visitation. i also will file with this order a motion that the court order him to cooperate with the house being sold.
main questions: can the court stop me from moving? if he argues that that children could stay here with him, will the court consider that, given the circumstances? can i remove anything from the household - the standard divorce orders say i cannont "transfer, encumber, hypothocate, conceal or in any way dispose of any property" does this mean i cannot move it to another residence until a judgement as to what belongs to whom is given? or simply that i cannot hide or get rid of it? i don't want to bring up the issue of property control if i already have a right to move things, only if i need courts permission to do so.
also, do i have to disclose where i am moving to and with whom i am moving? if i move in with my boyfriend will the court have an issue with that? he is a very kind person who intends on helping me support and raise the children. considering the abusive history, i do not want to disclose my new address to my husband. will i be ordered to do so?
basically, can i move with my children and my new partner? i realize in order to obey court orders visitation terms would have to be changed, which i will request with the order. do you think the court will grant this?
my new partner has spent a lot of quality time with the children and they like him very much, though he is not trying to take the place of their father. he is much better to them than there father ever was - he completely neglected them - but i understand the court's desire to maintain the parent child relationship if at all possible, and our particular judge seems very adamant about this.
what are my rights to move and take my children, and to a lesser concern, furniture, in this case?
please help!
