I just answered this one. Please see the alternate answer. Thanks
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668
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I moved from NC in January to Georgia to be closer to my dad and my family. I am renting a home from my Dad’s realestate business.
I obtained a new job with a promotion and a pay raise.
I have had primary custody of our(my Ex’s and mine) 2 children since April 2003. My Ex is requesting we revisit custody or a substantial change in the visitation agreement. I’ve provided him 3 versions of a new visitation agreement.
He refused to agree and says he wants a judge to decide. We went to court in Winston-Salem N.C. in March 2004. The judge met with my Ex’s attorney befor court. In court the Judge began asking me even befor the testimony started, if I could find a job in Charlotte. The judge heard my Ex’s testimony, claming I was alenating him from his children by moving out of state. I wasn’t provided an opportunity to present my side or testify, before the judge continued the case for 90 days and ordered me to begin looking for a job within 120 miles of W-S. and to provide that proof to my attorney for our next court date in July. I wasn’t allowed to present the reason for my move to Ga. The judge mentioned several times that he felt I could’ve found a job in Charlotte. I have no idea how the idea of Charlotte started. I have never lived in Charlotte, I have no family in Charlotte.
I am VERY scared that this judge may very well take my 2yr old and 4yr old from me. I work in a Bank with banking hours, and my Ex is a Police Officer with a rotational shift. He lives with his parents. While we were married I had to take a 50-B domestic violence order out on him. He lost a promotion because of that. I can’t believe a judge could order me to move away from my family and home. I’m not a criminal. I am worried my Ex is a 10 yr vetran of the Police Department and he and this judge have worked together for many years.
I requested an out of county judge and was told no, by my own attorny. After the continuance I requested the judge be removed and an out of county judge replace him to hear the case. My attorny called and said if I pushed the issue it would not go in my favor in July. What are my options?