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I need advice...my ex-husband and I have three children. In October he moved to the outskirts of the county without telling me, and told the kids to keep it a secret. I found out, and gave him time to get the paperwork to court, the entire time he has said he is living there alone. My children, 11,11,7 do not want to spend more than one night everyother weekend with him. I have just found out that since October he has been living there with a female and her daughter, and another daughter visits. Therefore he has been lying the entire time. It has affected my children greatly and they do not want to be forced to go there for more than one night. Do I have any legal grounds against him for moving in with someone, telling my children they CANNOT let me know, and forcing them to carry out
State/Country relating to Question: Indiana Already Tried: Nothing, although he does not pay any child support he does carry their medical insurance. I just want to know if he can do this without my prior knowledge or consent, and if I could possibly get full custody because of it.
Hello, A court order must be followed until it is modified. However you can petition to modify visitation and/or child support. Generally speaking child custody/parenting plans/visitation can always be modified by the Court based on the best interests of the child. However, grounds for modification must include a change in circumstances that significantly impacts the best interests of the child. A change in the living arrangements would suffice.
I hope that the information which I provided was helpful to you.
Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.
Thank you, FLANDNYLAWYER
So, would I actually have to get an attorney and go against him in court? Can I petition the court without his knowledge? It has obviously been affecting my children's overall well-being and stress levels, also why they are so uncomfortable having to go anywhere with him. I really only want what is best for them and this does not seem to be good.
Hello,You can petition the court with or without an attorney. However, your ex must have notice of the action. Best wishes.
Attorney
25 years of experience. Positive feedback appreciated