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My recent ex husband has given me false information about…

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My recent ex husband...

My recent ex husband has given me false information about his intentions to were he plans on residing. We have joint custody and in ou papers it says I give him permission to move to Montgomery which is over 3 hours away however, he has not given an address and claims he still lives in the same town I do. But he is only here in this town for his visitation with the children and he stays with his mom for that. I never wanted that statement in loud papers but he told me

Lawyer's Assistant: Family law varies by state. What state are you in?

The day we signed that he wasn’t going to

Lawyer's Assistant: Have you talked to a lawyer yet?

Move so I didn’t have to worry about it. Now after the 60 days passes he plans on marrying the female he was having the affair with just so they can live together and my children go to Montgomery during his visitation. Can he do that? Or Can I file a motion. Since he never moved I would think he would have to provide me notice

Submitted: 5 months ago.Category: Family Law
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Answered in 1 minute by:
11/14/2017
Family Lawyer: Ely, Counselor at Law replied 5 months ago
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 103,504
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

1) Which one of you is the primary custodian?

2) What state is this in?

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Customer reply replied 5 months ago
I am primary and we are in Alabama. This has been a nightmare. I feel like I was coerced into the agreement we made about the relocation
Family Lawyer: Ely, Counselor at Law replied 5 months ago

Thank you. Please clarify:

1) Did you sign an agreed order that states that he could relocate?

2) Or did he simply give you notice?

3) During visitation, do you drop the child off, or does he pick the child up? Or both?

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Customer reply replied 5 months ago
It says I give him permission to move to Montgomery but like I stated I was told that’s was temporary and technically it’s been over 30 days since the judge signed and he still claims he hasn’t moved and now it’s a permanent decision. He is responsible for picking up and dropping off. But it states if he is in Montgomery we will meet a a specific location.
Customer reply replied 5 months ago
I thought I had time before the judge signed to change my mind. I knew immediately he had tricked me but the judge signed the papers without me knowing 6 days after they were filed
Family Lawyer: Ely, Counselor at Law replied 5 months ago

Thank you. One last question.

1) As I understand it, he has relocated but permanently. Or, he has not relocated?

2) How exactly does this impact you? What does it matter re: visitation or child support, if he picks the child up and drops the child off?

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Customer reply replied 5 months ago
He was supposed to relocate. But he not technically. He is using his parents address in the same town I live in. He is waiting til the 60 days passes to give me the Montgomery information because he will at that time marry the girl he is living with down there so my children can then go to Montgomery. He can’t take them now because he can’t have them in their house until they are married. Montgomery is 3 hrs away and I wouldn’t have agreed to the visitation schedule I did had I known it was going to end up being permanent. As far as I knew that was just so he could work in Montgomery temporarily.
Family Lawyer: Ely, Counselor at Law replied 5 months ago

Thank you. But he does plan to relocate to Montgomery, correct?

For now, if he has not relocated (yet), then he has to use the address of where he actually resides at the moment. But once he relocates to Montgomery, then the order "kicks in."

You can file a modification in Court (just like he did), asking the Court to reverse the agreed change, explaining that he lied. However it would be up to the Judge. I am afraid that the onus is on you to go back to court to reverse this.

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