Need advice please


#1

In 2006 my ex and I divorced and I have full physical custody of the kids. Since then we have lived together and were planning to marry again until I found out he had been having an affair for a year and a half. This was April of this year. I accepted taking him back and trying to work it out but one week after he returned to work in Iraq where his mistress is he tells me it is over. I am living in the house he bought here in florida last June for our family. Now he is trying to tell me I CAN NOT leave because he says so and has even gone to the extent of taking the money out of our account and putting it into an account he just opened. he says i am trying to take the kids from him but I can’t afford this house since i was a stay home mom and now I need to go to school to get out from his control. As far as visitation the divorce papers state that “visitation will be as agreed upon by both parties” since he works in Iraq this is usually Christmas and 2 other times throughout the year. By law, do i have the right to take my kids and go live with my mother or sister in Raleigh since the papers state that I have full Physical Custody?

Also are verbal threats and threats that he can have a judge tell me i have to leave this house and that he can get custody of the kids and other things of that nature such as clearing the accounts and demanding scanned copies of all receipts from our JOINT account considered domestic violence?

EDIT bumping in hopes for a reply please


#2

bumping for reply please :frowning:


#3

FYI: Bumping doesn’t get your question answered quicker. The lawyers answer from the bottom up and bumping puts you back on the ‘up’ :wink:

It does not sound like you actually remarried him correct?

You are living in a house HE bought correct?

Are you on the mortgage OR the deed to the house?

I seems that if you are not married to the man, and you have not bought this house together, then I don’t see why you have to stay in the house. If you have full physical custody then I don’t see why you can’t leave with the children. He has taken funds out of joint accounts, so that leaves you with no way to pay the bills.

If you’re tied to the mortgage or deed, then you have responsibility to pay your portion of debt.

BUT you are in Florida and those laws may be different than NC. You may need to contact a Florida attorney about leaving.


#4

If you have full physical custody, you may relocate with the children as you please, unless and until a court, upon motion filed by your ex, makes another ruling.
Domestic violence covers threats of physical violence which place you in fear of imminent and serious bodily harm.


#5

thank you sir.


#6

You are welcome