I want to move back with family

[justagoober]

I have 2 children and up until March we had 50/50 custody worked out about the same time i started sensing that I would not be hired on full time at my job and have now been let go. Anyway in March my STBX was served a search warrant to search his home for child pornography. I have had the kids full time since then. No child suport, No charges have been filed but the FBI still has the evidence.

I was making just $1000 a month at my job and even though I get unemployment it is not enough to cover my bills. I do not have a support system in WI. My STBX grew up in the area and his family is here. My whole family is in NH and I would like to go back. Since that day in march he sees the kids once a week supervised.
He has taken to drinking at my next door neighbors house and rarely stops in to see the kids and if he does it is just a hug and kiss.

We go for our first hearing in May and I would like to know if I have any cause to move. If not I will suck it up, but I miss my family and am tired of struggling to get by.

Thank you

 

[army judge]

Ask your family to help you obtain a lawyer.

Your soon to be "ex" is eventually going to prison.

I wouldn't worry about him doing anything to you, if you decide to return to NH.

He's got bigger fish to be fried.

I'd work with the attorney your family will help you hire and arrange to move back to NH, ASAP.

Your "stbx" is going to be gone until those babies are adults!!!!

 

[postdreams77]

Definitely check with your attorney, but look at it this way: you have to do what's best for your kids. They must be going through a lot right now as well, and a family support system would help them, as well as you!

 

[Proserpina]

No charges have been filed yet? Then Dad isn't guilty of anything at all. You may find that you'll have to wait.

But by all means consult with an attorney.

 

[bluemann33]

As the others have stated check with your attorney but I would imagine that your stbx will have to be convicted before you can move the children. Have you tried to get child support?

 

[justagoober]

He is on Social Security due to a back injury and several other medical issues. Today he told me he would rather see the kids in foster care rather than them to move back to NH with me. I am not sure what to do, a lawyer is not something I can begin to afford at this point. I am only getting unemployment.

 

[Proserpina]

I really don't know what else to tell you really, OP. He hasn't been convicted of anything, and CPS haven't deemed him unfit or anything else.

However I did find something that seems to be in your favor; in Wisconsin the presumption is in favor of relocation. In other words, it's up to Dad to convince the court why the relocation shouldn't go ahead.

read more here

Here's the actual statute: WI relocation