ok, here is the whole story.. We got divorced 5 years ago but then went back to living together until about 5 months ago. there was never a custody order it was all verbal custody. Well i moved to an apartment and then he moved into a house both in the city of wichita about 4-5 months ago. the kids finished the school year in maize which is where they have been most of their lives. Well, i just ended up not being able to afford my apartment rent so my boyfriend who owns his house in haysville asked if me and my kids want to move in with him to save me rent money. i said yes, and so i moved me and the kids in there on july 25th. after i told my ex where i was moving he got very angry because he said he didnt want his kids living with my boyfriend and him raising our kids. so he ended upfiling a motion to change of custody. his affidavit states.
"I think its in the best interest of the children that i have residential custody. Their mom doesnt have a stable job or residence at this time. She is trying to alienate and estrange me by moving out of the city with a man shes been dating for 2 months."
thats all its says. My kids are 7,10, and 14. we have been sharing custody since we broke up these last 4-5 months but when school was in session they would stay with me during the weekdays so i could take them to school and such and then go to their dads for a few hours everyday after school. I have already enrolled them into the new school and have their address as mine. I just need some advice as to what i should have prepared to rebutt his affidavit and prove to the judge they are better off with me during school than their father as i have always been the one to deal with their schooling. o and i only moved 11 miles away from their father just outside of the city of wichita.
ok, how could i get access to my divorce papers? is that even possible? also if the father just wont agree that it is in the childrens best interest to reside with me what can i do that can make the judge she that it is?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).