Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Question pertaining to options we have if ex tries to take…

Question pertaining to options we...
Question pertaining to options we have if ex tries to take us back to court after we decide to move closer to her or stay within the district the kids are in now
Show More
Show Less
Ask Your Own Family Law Question
Answered in 2 minutes by:
3/14/2018
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 31,901
Experience: Attorney with experience in family law.
Verified

Hi,

The fact that you're each going to have a new sibling in the home seems like it could wind up being a wash. And part of the issue here is that, with new siblings, she could request a change to custody whether you move or not.

How far apart do you live now? I don't think it was mentioned earlier.

Ask Your Own Family Law Question
Customer reply replied 1 month ago
They have had the future step sibling in the home for 2 years now... and baby will be new
Customer reply replied 1 month ago
We live 11 miles apart now

Then I'm not sure a move would even be considered a material change. 11 miles is enough that you could share 50/50 custody if that's what the judge had thought was best. You can argue that the move isn't significant enough to warrant any modifications.

Ask Your Own Family Law Question
Customer reply replied 1 month ago
2 years ago when divorce was final she lived with her parents and was less than 5 miles from our house

The step-sibling also isn't going to have much impact if they've been living together already.

What she'd have to argue is that the baby is disrupting their sleep schedules, causing problems with their schooling, or monopolizing your time in some way that makes it better for them to not live with the baby. But that's a tough argument because of the benefits a person gets from having a relationship with siblings. Plus, she'd need facts to show that the baby actually caused a detriment to the children.

Ask Your Own Family Law Question

Then I don't see the move making any real difference here. You're still living pretty close together. You're further apart than you used to be. But it's not a major difference. It's not like one of you moved 2 hours away.

Ask Your Own Family Law Question
Customer reply replied 1 month ago
Correct, but I am wanting to do the best I can and the right thing to try and prevent all future issues.
Customer reply replied 1 month ago
With being blamed for not co parenting and communicating, but I do the best I can with sharing all information. Where I sent an email to her last week and have sent 2 more along with calling twice and texting with no response I feel like my hands are tied. But she has discussed this all with the kids, but she tells me that I shouldn’t involve the kids at all. I’m just trying to do what’s best for my entire family while co parenting with my ex that won’t communicate with me
Customer reply replied 1 month ago
Another thing is, since September of last year I received an email from my ex wanting more time with the kids. So my wife and I discussed options with our schedule and to try and keep with our household routine. The best option we came up with was that my ex have the kids from 430-630 on mondays after the weekend my wife and I have the kids. Since then she has been late dropping them off, with no notice and has continued to ask for even more time. Everything has been noted but we were trying to keep down her numerous weekly requests for more time, while again we are trying to maintain a routine for the kids.

Your email and phone records will help show that she's the one who isn't cooperating and communicating. That's strong evidence in your favor. It will also help if she's not following the current schedule or taking advantages of your attempts to work with her.

Ask Your Own Family Law Question
Customer reply replied 1 month ago
The one concern with communicating is that the kids have a cell phone, she calls every night and some nights the kids do not want to talk and text her or don’t respond at all. She has made comments about how she has rights to talk to them every night but we don’t feel it right to force them to do something that they do not want to. With your experience, email is the best form of communication to use correct?
Customer reply replied 1 month ago
Here are the lasts attempts made by email to her
Customer reply replied 1 month ago
1

Email, text, or even online chat tend to be good because then you have a record of the conversation.

Her attempts to contact the kids are completely separate from communicating with you about the kids, which she's required to do.

Ask Your Own Family Law Question
Customer reply replied 1 month ago
2
Customer reply replied 1 month ago
2.1
Customer reply replied 1 month ago
Ok I have kept every email of communication down to here accusing my wife of flipping her off with the kids next to my wife. Which never happened and I chose not to respond to her false accusation

Then you're in a good place if she tries to take you back to court.

Ask Your Own Family Law Question
Customer reply replied 1 month ago
Do you find those emails to forward or controlling? Which I have been told I am by ex(controlling)

I don't see anything controlling in asking her to be respectful of your time and to adhere to minimum standards of politeness by responding to communication efforts.

Ask Your Own Family Law Question
Customer reply replied 1 month ago
Sorry if my questions seem redundant or petty I’m just trying to play out all scenarios. Doing the right thing is more difficult than cutting corners.

No, they don't. I understand. It's a stressful situation.

Ask Your Own Family Law Question
Customer reply replied 1 month ago
I forgot to mention earlier when my ex moved last May she didn’t inform me of her moving at all, besides just sending her new address after telling the kids to not tell us that she was moving. I see that in my situation, since the kids live with my wife and I primarily that we would have to do it differently. Now thinking about it, her move still impacted the kids transportation to their school but didn’t ask for approval or acknowledgement when she moved. Is that something that could be a consideration to potentially use in court if needed?

You could point out that her failure to inform you indicates an implied agreement that the court order doesn't require either of you to get consent from the other before moving. Or you could try arguing that she's estopped from complaining because she didn't request your consent before moving, either.

Ask Your Own Family Law Question
Customer reply replied 1 month ago
that is something we could use, that’s good to know. Her argument could be that since she just had visitation is why she didn’t need to get an agreement, but wouldn’t that help our case if she tried to modify custody?
Customer reply replied 1 month ago
As in her moving where she did, she knew she would have to commute no less than 15 minutes to get the kids to school on Thursday mornings.

It doesn't matter that she only has visitation. Either the divorce decree requires you to discuss moving with the kids or it doesn't.

Ask Your Own Family Law Question
Customer reply replied 1 month ago
you clarified that it doesn’t correct?
Customer reply replied 1 month ago
I sent all that pertained to school or residency

I don't think it does. And she can't argue that it requires you to get her approval to move but doesn't require her to get yours.

Ask Your Own Family Law Question
Customer reply replied 1 month ago
If it did, and she already moved without discussing it with me that related to your previous comment about consent

Right. Then you'd say she waived the right to complain by not following the order herself.

Ask Your Own Family Law Question
Customer reply replied 1 month ago
As in just sending her new address without any prior communication about her moving corrrect? At that time is was further away then where she was currently at.

Exactly.

Ask Your Own Family Law Question
Customer reply replied 1 month ago
with that being confirmed than we are in a better situation than I previously thought. Should I continue to request acknowledgment or just let it go and continue on with my wife to find a new home for the kids and growing family?

Requesting acknowledgment gives her the ability to say no, which could open the door to an argument. So I don't know that there's any benefit to you in trying to continue getting a response. You could potentially try one last email, giving her a firm date to reply or you'll take her silence as agreement and proceed with the plans to move.

But before doing that, think about what you'll do if she says no and if you want to risk it.

Ask Your Own Family Law Question
Customer reply replied 1 month ago
the other option would be to continue with our move and do what’s best for our family? With a no to us then we could potentially be in court.
Customer reply replied 1 month ago
The kids have told us that she is considering the option, but again that heresy until she communicates with me.

Right.

You don't have to base your course of action on what the kids say she's thinking about if she hasn't spoken with you at all.

Ask Your Own Family Law Question
Customer reply replied 1 month ago
Ok, so based on the information we have shared, we should be confident to continue on with our plan of action to find a house and then communicate the address with her once we have a new home. Benefits of moving to her city means we are closer and share the same district, potential negative is she could try to go back to court to change custody agreement, but with the factors discussed do you believe we would have any concern of it being changed?

I don't think the move is going to be enough of a material change to warrant a change to custody, based on all the things you've said.

Ask Your Own Family Law Question
Customer reply replied 1 month ago
no proof in decree of having to get approval, if even it did she had already negated that with her move with out my acknowledgment correct?

Right.

Ask Your Own Family Law Question
Customer reply replied 1 month ago
Ok I hope so. That is all the questions I have for now, but if I think of anything else, I’ll let you know.

I'm glad I could help. Good luck with everything.

Please remember to leave a positive rating before signing out, so I get credit for helping with this question.

Ask Your Own Family Law Question
Customer reply replied 1 month ago
I will. Thank you again. If I have any further questions do I need to request you and start a new question feed correct?

That's right. Thank you very much.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 31,901
Experience: Attorney with experience in family law.
Verified
Lucy, Esq. and 87 other Family Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 31,901
31,901 Satisfied Customers
Experience: Attorney with experience in family law.

Lucy, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
Visitation rites of grandparent. Utah. Grand son's in
Visitation rites of grandparent JA: What steps have been taken? Have any papers been filed in family court? Customer: No JA: Family law varies by state. What state are you in? Customer: Utah JA: Anyth… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
How to contest a divorce if uncontested final divorce decree
how to contest a divorce if uncontested final divorce decree was signed due to manipulation to sign the uncontested final divorce decree … read more
Ray
Ray
Lawyer
Doctoral Degree
32,108 satisfied customers
Is being late returning from visitation a grounds to take
is being late returning from visitation a grounds to take back to court to change custody? Also second question - what about being late to school?… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
If you were married and then divorced and in that divorce
if you were married and then divorced and in that divorce you got the house time passed and you remarried the same person now you're contemplating divorce again who does the house belong to?… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,757 satisfied customers
If a grandparent has visitation rights (not legal) but
Good Afternoon, If a grandparent has visitation rights (not legal) but suspects abuse, are they legally allowed to take the grandchild to a doctor? Thanks in advance.… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,864 satisfied customers
My divorce papers say that other visitation pursuant to 7th
my divorce papers say that other visitation pursuant to 7th circuit local guidelines attached, in addition, Father shall have reasonable visitation w/24 hr notice to mother. now he states that it mean… read more
Lucy, Esq.
Lucy, Esq.
Lawyer
31,901 satisfied customers
My daughter will not let me visit with my granddaughter.
My daughter will not let me visit with my granddaughter. … read more
Bill Attorney
Bill Attorney
law
2,022 satisfied customers
Do grandparents have legal visitation rights in georgia if
do grandparents have legal visitation rights in georgia if they have guardianship of their mentally disabled child thats the parent of the child … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Can the birth father file for visitation in a county he
Can the birth father file for visitation in a county he resides in and not the county the child and birth mothet … read more
N.Brown ESQ
N.Brown ESQ
Juris Doctorate
77 satisfied customers
My son wants to resume his visitation with his children but
My son wants to resume his visitation with his children but the mother refuses to let them come here because she says there are too many drugs and she has accused my son but he is not on drugs! A cous… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,396 satisfied customers
How likely are my chances to have a visitation order
How likely are my chances to have a visitation order modified to where the other parent would have to request visits from me? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,349 satisfied customers
Need help with custody and visitation. Have received papers
No, have received papers to go to mediation for child custody and visitation, from babys Mama … read more
Michael Bradley
Michael Bradley
JD
1,371 satisfied customers
Im noncustodial mother with overnight visitation rights that
Im noncustodial mother with overnight visitation rights that since final trial ended my visitations haven't been met. The reason keepers on changing till couple months ago stating I'm not falling orde… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,251 satisfied customers
If my child and I want to travel to Kazakhstan to visit
If my child and I want to travel to Kazakhstan to visit family and my ex would not allow it due to each of us only being entitled to one week vacation per year, could I make a special request to the c… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
What rights do Indiana grandparents have for visitation with
What rights do Indiana grandparents have for visitation with grandparents? My daughter is on her 3rd marriage. She has 2 kids by her 1st husband but he has drug issues. His family (in lieu of kids fat… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,820 satisfied customers
Do grand parents have any rights of visitation with
Do grand parents have any rights of visitation with grandchildren after divorce? … read more
Lucy, Esq.
Lucy, Esq.
Lawyer
31,901 satisfied customers
Clarification please.... CUSTODY AND VISITATION: AS TO
Clarification please....CUSTODY AND VISITATION: AS TO PHYSICAL CUSTODY: During the academic year, Respondent shall have primary physical custody of the minor children subject to Petitioner having the … read more
Lucy, Esq.
Lucy, Esq.
Lawyer
31,901 satisfied customers
Going trough a divorce seperation is in place and visitation
Going trough a divorce seperation is in place and visitation tights for my future ex. I have main custody. My daughter is 13 going on 14. 1. When my daughter was 10 my still husband was fighting with … read more
Sue
Sue
Juris Doctorate
384 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x