I’m not an attorney, but have had experience similar to yours. Here are my thoughts… naturally this advice applies only after you’ve done all you can to negotiate out of court with your children’s mother.
You need to file a complaint for primary custody of the children, citing the information you provided previously. You will need to demonstrate that mom’s frequent relocation and interpersonal instability is detrimental to the children’s stability and emotional health. Sue for full custody, visitation for mom and child support.
You must be able to thoroughly establish with legally verifiable and admissible evidence 1) your strengths and superiority as a parent 2) mom’s weaknesses and inferiority as a parent 3) damage to your children’s emotional, mental or physical health as a result of mom’s instability - and how you can provide constancy, stability and appropriate ability to provide for the children’s needs. At the time you file your complaint you may wish to request a restraining order prohibiting mom from relocating the children again, pending further order of the court.
I’m curious… how are you doing a 50/50 split with her moving so frequently? Has she stayed in the same town/school district all this time?
Regardless - I cannot state with sufficient emphasis that custody litigation can be pure hell on everyone involved. If you get to a point where you absolutely must file for custody (which you very well may need to do), then take advantage of the mandatory mediation session to try to settle differences and come to an amicable agreement. Custody litigation can be very expensive and drawn out - to say nothing of the emotional havok that it inflicts on the parties involved.
Her constant moving may demonstrate instability, which would be a factor the court would weigh very heavily in making a determination about custody. I need some additional information;
Why is she moving?
Do you have a court order or agreement in place?
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780
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.
Would moving 4 different places in the past 2 years constitute as instability? Just wondering since my mother has moved 4 places in the past 2 years and I on the other hand, have lived in 2 places in the past 5 or 6 years.
The reasons for the moves are often more important than the moves themselves. If someone is moving because they are purchasing a bigger better home, moving to a new area, relocated for work, this is not going to have as much of a negative impact as it would if they were moving because they kept getting evicted.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780
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 for your advice in advance. I have split custody (50%) with my ex-wife. We have been divorced three years. I have maintained my residence for 13 years, in the same house where the kids were raised. They are now 6 and 7. She has moved six times in three years and is now getting ready to move again. The kids are upset that they have to keep moving with her. Do I have a case to gain full custody based on her nomadic and unsettled habits? She has lived with three different men during this time frame and I fear for my kids emotional health.