Legal Threats


#1

Currently, I am legally separated. My Ex and I share custody of our twin 6 year olds with each of us taking half of the week.

Recently, I have been given the chance to move out of state and make my life better. I view this as a positive thing for the kids, however, the ex has started threatening me with all kinds of legal action. In order to know what is true and what is false, I would like to know:

Can the school system take me to court for taking the kids out of school here to go to school in my new state? (The move will be done over the summer.)

My son is autistic, and my ex was also diagnosed with the same disorder. I was wondering what kind of an impact this would have on the overall case, even if he is staying here while I am moving.

He has threatened to ‘bury’ me if I try to take the kids with me or if I fight for custody for the school year. How much does it matter if he has his grandparents hire a high dollar lawyer while I can only afford something small if at all?

My main concern with the kids remaining here is that he is mildly autistic and has never been able to hold a job for more than six months at a time. He closed himself off to the kids for 6 years and now suddenly wants to be in the middle of things. While I want to foster the relationship between the kids and their father, I simply dont think that it is best that they remain here during the school year. Where should I go from here?

Thanks!


#2

I don’t beleive the school can take you to court but your husband certainly can. With that much involvement in their lives I think it’s going to be difficult for you to convince a court that it’s in the children’s best interest for them to move. You say the move is to make your life better but your burden of proof is going to be on proving the move is best for the kids.


#3

The school system cannot take you to court for taking the kids out of school, however if you move with the children without your spouse’s agreement, or a court’s approval there can be serious repercussions.

Your son’s diagnosis, as well as your ex’s would be a factor considered in awarding custody, however how it is viewed depends on your unique situation and how it relates to other factors in the case.

There are many good lawyers that do not charge exorbitant fees, and the amount you pay your lawyer is not necessarily and indication of how your case will go.

If you are hoping to move at the end of the school year, you need to file an action for custody now. In most counties it take months before a full trial on custody is held.


#4

Thank you for the quick answer! I do have one more question…

If we should come to an agreement on the kids on our own, which is what we want to do one way or another, how do we go about making the agreement legal so that we are both held to it?

Thanks again!


#5

You really should have it drafted into a court order. Court orders which are done via agreement of the parties are called Consent Orders. It should be drafted by an attorney competent to handle family law issues, and a “friendly” lawsuit will need to be filed to enable the court to have jurisdiction to enter the Order. The Order will be enforceable in all 50 states, and upon your relocation should be registered as an Order of that state as well.