My ex moved out in October 2018.
He lived in an apartment with my three kids on a 50/50 custody.everything Was ok. Kids were accepting of it.
In January he purchased a 600,000 house that needs major renovations but plans to move into it with his new girlfriend and her two kids when it’s done. In the meantime, he moved out of the apartment and now lives in various hotels . We have a week to week custody because when we went to mediation we agreed to that schedule for the summer ( before i knew he would move from apartment)
I told my lawyer all this and have filed a custody complaint against him…
in the meantime, I don’t want my kids ( the oldest refused to go) staying in hotels… with his new girlfriend and kids!!!
Lawyer says don’t give them back because in court they will use the fact that I let it happen against me.
At current moment they are with him, so even if I did try and get them back today, I would have to go and intercept them from camp and school and it will make the ex very mad and I’m afraid he will come to my house and freak out.
What am I supposed to do? I think I’m afraid to get in more trouble with the court if I go grabbing my kids on his custody time.
It would likely be best for you to wait until the children are back in your custody rather than interfering with Dad’s custodial time unless the children are in imminent danger or there is a serious safety concern. You should also be careful about not following the current agreement in the event the father filed a breach of contract lawsuit or contempt motion against you.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thank you.
That is what I was thinking, and don’t want to traumatize my kids any more .
Question: is there a period of time that by law must pass before your children are allowed to live with another family? ( Or girlfriend, in this case?)
No, there is no prescribed period of time that must pass before minor children can live with a parent and their new significant other. Sometimes this is negotiated in consent orders but both parents must agree to the terms.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.