A little back story…as of right now I have primary physical custody due to the fact that my ex is in the army. Our custody order states that the children have to reside in North Carolina but I am wanting to move out of the state this summer so I can be closer to my family since my ex in-laws refuse to help me in anyway with my kids. I know I have to prove the move will be beneficial for the children but is it not proof enough to show that having a good support system would be beneficial for all of us? Currently the kids father lives about 3 hours away and barely sees them. He will go weeks without talking to them or seeing them, our custody order does not specify visitation. I have been documenting everything down to ever phone call and visit. My kids are currently in counseling and their counselor suggested I limit the amount of negativity my children are around so I told my ex this. You see his goal is to turn the kids against me so he doesn’t have to deal with me anymore. I have numerous text messages saying this and the kids tell me all the negative things he and his family say about me while they are over at their Grandparents house. The night I told me ex he needed to stop talking negatively in front of the kids he called the cops on me. The police came to the house and stayed all of five minutes after I told them what had happened that night. My ex tells me he will do everything in his power to try and take my kids from me and that he won’t stop until the kids hate me and want me out of their life for good but I am told that these are not threats and there is nothing I can do about them. My kids counselor says she will testify as to what the kids have told her but I am worried that will be considered “hearsay” as well. I guess my question is how can I prove that it will be beneficial for my kids to move out of state where they will be in a more positive atmosphere? And how do I prove that he is harming my kids mental well being by trying to turn my kids against their own mother?
Specific answers about trial strategy and the presentation of evidence are outside of the scope of this forum. It sounds like you are on the right track though. You should consult with an attorney and discuss all the facts of your case and how you should proceed. You should also consider using Rosen Online. We can assist you with completion of documents, hearing preparation, etc. for a monthly fee.