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Longhorn Lawyer
Longhorn Lawyer, Lawyer
Category: Family Law
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Experience:  Knowledgeable in all aspects related to family law matters.
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My ex husband lives in a different city than me and we have

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My ex husband lives in a different city than me and we have joint legal custody over our children. He is demanding that they move where he is and change our schedules to where the children are with him all week instead of me. He has retained a lawyer and is threatening to take me to court unless I agree to this change.
JA: What's the reason for the relocation? How much advance notice has been given?
Customer: He believes that its in the best interest of the children to move because the schools are slightly better and he believes there are more opportunities for sports. He's been asking for this change for over a year and I've always told him no, giving him reasons why it really isnt in their best interests
JA: Has there been any mediation on this issue?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: we have already gotten a divorce, but did not go to court. he agreed to paying 1200 a month child support and the children living with me 5 days a week with him having them every weekend. This was finalized about 2 years ago thank you

Hello! My name is***** have over 12 years of legal experience. Please allow me some time to review your question.

What are your questions?

Customer: replied 4 months ago.
my ex husband believes he has grounds to change our current situation with our children. currently they stay with me 5 days a week and go with him on the weekends, he lives in a different city than me that is an hour away. he is threatening to take me to court unless i agree to changing the schedule to where he has them 5 days a week and i have them on the weekends

I understand all of that. But I do not know what your questions are.

Customer: replied 4 months ago.
Ok I was giving background info, let me explain my question:
Customer: replied 4 months ago.
I have not been in trouble with the law since we were married, but he believes that he can take them away from me because of my past arrests. I believe I provide a healthy home for my children. Does he have any grounds to do this? I have become paranoid that he may have hired a private investigator so that he would have pictures of my fiance and I having beer in the evening when the kids are asleep
Customer: replied 4 months ago.
He has retained a lawyer and is telling me were going to court unless I give him what I want. I am also thinking of trying to talk to him and give him some other things he wanted such as lowering child support and providing transportation for the kids from his house in order to prevent going to court. Would this be a good idea or should I just get a lawyer?
Customer: replied 4 months ago.
i meant earlier unless i give him what he wants

Hello again,

Sorry for the delay. A customer wanted to take advantage of the Additional Service phone call, so I had to fill that for her. My apologies for the delay and thank you for your patience.

Your answer is below. When you get your answers, you will see five stars at the top of this screen. Those stars are important because they are how I earn credit for doing my job. So please do not forget to do that for me before you leave the site today.

ANSWER: In my opinion, when it comes to custody of children, I always think it is best to get an attorney. They are best positioned to know the courts, judges, and tendencies of those parties, as well as how to prepare and form a case far better than a layperson would. But I can't tell ou whether you should go to court or not. That is not my job, since I am not your attorney and I do not know your case or have any of the records before me.

I do want to say that there is nothing wrong with having beers at home, wehther the children are awake or not. AS long as it is not affecting your parenting in a negative way and it is not affecting the children in a negative way (i.e., it is not in the best interest of the children if it were), this, alone, would not be a basis for changing up the current arrangement, if the current arrangement is in the best interests of the child.

The one thing I would say, from my sister's own experience, is that you can agree to give him all of the other things he wants, but that does not prevent him from still seeking a change in the custody down the line, or reneging on an agreement he made with you. So I'm not convinced that would be a permanent solution.

Obviously, if you do not want to go to court, I think the next best thing would be mediation. And a court might actually order you to go through that first. But based on what you are telling me, for a court to change the current custody arrangement, there would have to be some showing that it would be in the best interests of the children, and if very little has changed and they are thriving, I find it hard to believe that a change in custody would be granted. But yes, at least a consultation with an attorney would be a good idea.

I hope that answers your questions. Just a reminder that I am an independent legal expert that this site uses to answer your question. Your positive feedback is how I get credit for my time helping you today. So please do not forget to give me credit for helping you today. To do that, you just scroll to the top of this screen, and click on 4 or 5 stars (★★★★). Again, this is important because this is how I get credit for doing my job.

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Thank you!

Longhorn Lawyer and 2 other Family Law Specialists are ready to help you
Customer: replied 4 months ago.
i will definitely give you 5 stars as i appreciate this service greatly and your advice. I do have one more question if you are able to answer. Yes, I do understand that just giving him what he wants could not be a permanent solution, but my thought to that is if its a possibility that he signs an agreement that he will not pursue a court case unless there is a significant change in circumstance (such as me doing drugs or the children starving, etc) and in turn, i would also sign the same thing. is that a possibility that would legally prevent him from taking me to court over just a desire to change our original divorce agreement?