Restrictive Divorce Decree

[dir99]

Recently divorced and have very restrictive decree. I & 2 sm children must live 100 mile radius of him & his partner. Because of medical and financial issues, have moved in with partners parents who live 25 mi outside of radius. While here I have enrolled the oldest child in Christian preschool. The Ex is mad because the Attorney General (not Me!) is asking why he is not paying more in support of the children. Ex is mad and now got a threatening gesture from ex's attorney to have me arrested for contempt of court because we live "outside" the radius. There are true & documented reasons for the need to be close to docs & medical treatment, also for financial & jobs. I have been told I can do Nothing for 3 yrs (just signed decree this summer). Can I not petition the courts for health and financial. How can Anyone keep me from the best medical treatment I can get and from keeping me from jobs that will benefit my family and pay medical bills??? What can I do?

 

[Proserpina]

You could have appealed the original order.

Now you've gone against a court order and frankly your Ex may have a valid cause of action against you.

If you knew your health and finances were an issue, why did you wait until the order was filed before you moved? Didn't you raise it at the time?

You could always allow your ex to be primary custodian, too - that's a valid option.

 

[army judge]

You will endure this nightmare until your youngest child becomes an adult.

You must do exactly as you agreed to do, when the decree was rendered.

If you desire to make changes to the orders and/or decrees, you must petition the court to hear your reasons. Sometimes the court will refuse to hear you. Sometimes the court will hear you, and rule against you. Sometimes the court will modify it's orders, but not to the degree you desire. Sometimes the court will grant your requests.

So, engage an attorney to plead your case. Or, try to do it yourself. If I were you, I'd rectify immediately anything I'm doing that violates the court's orders.

 

[dir99]

I did not Know that I could appeal the original order! My attorney at the time did not tell me I could do this when asked in the summer what I could do - that is why he is former attorney! Health/Finances were just becoming an issue at the time of the signing and frankly did not know they were going to be an Issue until the tests started coming back with talk of Leukemia came up after the signing . Why would I ever give my Ex primary custody?? There is No reason why I can not have my children. This is not about custody it is about now at this time the need to be closer to medical treatment, financial gain to pay for medical and not let the state do it for me, and the religious schooling of my child (which he does not mind the school). Are really just playing Devil's Advocate or are you really serious. Seems like fairly poor advice . . .

 

[dir99]

You will endure this nightmare until your youngest child becomes an adult.

You must do exactly as you agreed to do, when the decree was rendered.

If you desire to make changes to the orders and/or decrees, you must petition the court to hear your reasons. Sometimes the court will refuse to hear you. Sometimes the court will hear you, and rule against you. Sometimes the court will modify it's orders, but not to the degree you desire. Sometimes the court will grant your requests.

So, engage an attorney to plead your case. Or, try to do it yourself. If I were you, I'd rectify immediately anything I'm doing that violates the court's orders.

_ I do understand, I will hire a new attorney ASAP and petition the courts. I do have documentation to my illness and legitimate reason for financial means. I am not sure my ex-attorney did not help and advise me when I asked to what to do about this situation.