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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 36953
Experience:  I provide family and divorce law advice to my clients in my firm.
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I have 2 children from a previous marriage. Ages 10 and 8.

Resolved Question:

I have 2 children from a previous marriage. Ages 10 and 8. Almost 5 years ago, I got remarried. My current husband and I have a daughter. My husband works 400 miles away from us, and we would like to move to where his job is. Still within the state. I hired an attorney and petitioned the court for permission to relocate. The judge denied it. He put no reason. My ex husband showed up for our court date, asked questions that have nothing to do with the actual case and he had the wrong paperwork and the judge still decided in his favor. Honestly, I feel like there is something shady going on there, but my real issue here is I am not ready to give up on this. I want to move my family to where my husband is. I want to keep my family together and avoid a divorce. I just don't know how to pursue it now. I do know I don't want to have the hearing in my county and risk the same problem all over again. Help!
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question.

How long ago were you denied your petition to relocate?
Customer: replied 1 year ago.
We went last Friday to court. We got our answer Tuesday.
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

I am genuinely sorry to hear that you were placed in this position. While a judge does not generally has to explain his decision in why he ruled one way or another, most explain their reasons, especially on a relocation petition. Luckily that helps you somewhat; what you can do is file a petition for an appeal to the presiding judge in the courthouse and claim potential bias and conflict of interest as grounds for your appeal. Point to filing irregularities and lack of explanation as your grounds for seeking the appeal, and seek a review from a different judge in the courthouse itself. The clerk will be able to assist you with the forms, and the local law library will have the templates for review. You might be asked to first file a motion for 'recusal' of the original judge, if he is the one who will be reviewing the 'motion for reconsideration' (that is the motion that you will be filing for review of the decision), or you could expedite it straight up to the higher judge. That just depends on your specific courthouse.

Good luck.

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 36953
Experience: I provide family and divorce law advice to my clients in my firm.
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