My question involves a child custody case from the State of: KS
I am currently involved in a relocation custody battle. For over 2.5 years, I had sole physical and residential custody of my 7 year old daughter. My child's mother (BM) was incarcerated for 4 DUIs, and 3 refusals to blow. She got out in Nov 2014, then work release, then house arrest. She's been off everything for over a year. This month she had a hunch I wanted to relocate to my home state, where ALL of my family is and decided to finally try and modify custody. BM only ever saw her alternating weekends, if that. Never once during the week because she is too irresponsible. However, she lied in court and said she did have her every Wednesday night and the judge gave her that temporarily as well as alternating weekends. How is that possible? I have proof on text messages that she would text on some Wednesdays to try and talk to her and there is no discussion of when or where to pick her up, like we have every weekend she had her. BM only picks and chooses when she wants to be a part of my daughter's life. BM spends more time and energy trying to punish me, she only half-ass cares for our daughter. BM doesn't want me to move on and be happy.
Anyway, now I have received the motion to prevent me from relocating, as expected. I do have a lawyer and I do know everything they look for in these cases. I can prove that this relocation will be in the best interest of our daughter. I am also willing to provide BM with a generous relocation plan, (more total hours with our daughter than her plan) and I'd pay for all travel expenses or drive her down myself. Ways he will benefit, I have a job offer that will pay 1.5-2x the amount I get currently, benefits will be paid for as well, so it would all be take home. Also, ALL of my family is there and they have spent more time and have been involved in my daughter's school than BM and her little extended family has been, combined. BM's motion states, again, that she has seen our daughter once a week every week -(Lie & I can prove with texts) She only called our daughter once a week, sometimes once every 2 weeks. BM's motion also stated that she has been involved in various school and extra curricular activities - (A HUGE lie, which I can also prove with texts or by talking to her K and 1st grade teachers) She never once came to a holiday party, musical program, field trip, parent teacher conference or anything in her 2 years of regular school so far. Never done homework with her. Doesn't even read to her or make her read at BM's house. My daughter has no rules over there, BM is a Disney mom.BM never even asked about school or doctor appts. Nothing. I went to everything, as did my wife, and we've volunteered. We have pictures of everything. My parents from out of town have been more involved in school than she has. They will have that documented. We also have emails from teachers, indicating her behavior had changed after being at BMs house. I have texts from BM where she's tried to give our daughter up early when she's had her, asking what our daughter wants for birthday, Christmas and what size she is when she is with BM (How can she not figure it out after spending time with her?) I have screenshots of BM's facebook where she is at a bar when our daughter was supposed to be at her house. I have screenshots of her drinking a beer at a lake when I invited her to meet the teacher night at the beginning of school to try and get her involved. I have screenshots of her talking about being on "disability", she's tried twice to be on it, and showing off her pills and talking about Adderall. BM currently has no DL, no car, works 2 jobs part-time (1 at a bar) and lives with her mom, step-dad, 2 older guys and her "current" boyfriend". Her life is chaotic and not a good environment for my daughter. Everyone of her extended family members worship drinking and I have screenshots of their facebooks showing that as well. They are always drinking at their house or at bars. BM worked at 2 bars while on probation from her DUI's as well. Her mom is an alcoholic and has been on disability for over 30 years. We just had our first court ordered exchanges and her party was late both times which she wasn't even present at.
I want my daughter to be successful in life, living in KS only around BM and her family will not help my daughter succeed. They are not positive influences on her and especially not in school.
I could go on and on about the negative things we have against BM. I'm not trying to keep her out of our daughter's life, just not where she has a huge influence on her or her schooling.
My question is, what direction is the judge likely to rule in? Has BM done just enough, the bare minimum, to keep us from relocating? I can't believe a judge just took her word in the last hearing.
She has 3 extended family members here, who rarely see our daughter. I have a lot, including a cousin, my daughter is very close too but lives where I would like to move and my only sibling who is battling cancer there as well.
How much weight will extended family play? Facebook screenshots? Text messages? Emails from teachers? They can even talk to the school and they will tell the GAL that BM hasn't been at school but once to eat lunch with her.
I am currently involved in a relocation custody battle. For over 2.5 years, I had sole physical and residential custody of my 7 year old daughter. My child's mother (BM) was incarcerated for 4 DUIs, and 3 refusals to blow. She got out in Nov 2014, then work release, then house arrest. She's been off everything for over a year. This month she had a hunch I wanted to relocate to my home state, where ALL of my family is and decided to finally try and modify custody. BM only ever saw her alternating weekends, if that. Never once during the week because she is too irresponsible. However, she lied in court and said she did have her every Wednesday night and the judge gave her that temporarily as well as alternating weekends. How is that possible? I have proof on text messages that she would text on some Wednesdays to try and talk to her and there is no discussion of when or where to pick her up, like we have every weekend she had her. BM only picks and chooses when she wants to be a part of my daughter's life. BM spends more time and energy trying to punish me, she only half-ass cares for our daughter. BM doesn't want me to move on and be happy.
Anyway, now I have received the motion to prevent me from relocating, as expected. I do have a lawyer and I do know everything they look for in these cases. I can prove that this relocation will be in the best interest of our daughter. I am also willing to provide BM with a generous relocation plan, (more total hours with our daughter than her plan) and I'd pay for all travel expenses or drive her down myself. Ways he will benefit, I have a job offer that will pay 1.5-2x the amount I get currently, benefits will be paid for as well, so it would all be take home. Also, ALL of my family is there and they have spent more time and have been involved in my daughter's school than BM and her little extended family has been, combined. BM's motion states, again, that she has seen our daughter once a week every week -(Lie & I can prove with texts) She only called our daughter once a week, sometimes once every 2 weeks. BM's motion also stated that she has been involved in various school and extra curricular activities - (A HUGE lie, which I can also prove with texts or by talking to her K and 1st grade teachers) She never once came to a holiday party, musical program, field trip, parent teacher conference or anything in her 2 years of regular school so far. Never done homework with her. Doesn't even read to her or make her read at BM's house. My daughter has no rules over there, BM is a Disney mom.BM never even asked about school or doctor appts. Nothing. I went to everything, as did my wife, and we've volunteered. We have pictures of everything. My parents from out of town have been more involved in school than she has. They will have that documented. We also have emails from teachers, indicating her behavior had changed after being at BMs house. I have texts from BM where she's tried to give our daughter up early when she's had her, asking what our daughter wants for birthday, Christmas and what size she is when she is with BM (How can she not figure it out after spending time with her?) I have screenshots of BM's facebook where she is at a bar when our daughter was supposed to be at her house. I have screenshots of her drinking a beer at a lake when I invited her to meet the teacher night at the beginning of school to try and get her involved. I have screenshots of her talking about being on "disability", she's tried twice to be on it, and showing off her pills and talking about Adderall. BM currently has no DL, no car, works 2 jobs part-time (1 at a bar) and lives with her mom, step-dad, 2 older guys and her "current" boyfriend". Her life is chaotic and not a good environment for my daughter. Everyone of her extended family members worship drinking and I have screenshots of their facebooks showing that as well. They are always drinking at their house or at bars. BM worked at 2 bars while on probation from her DUI's as well. Her mom is an alcoholic and has been on disability for over 30 years. We just had our first court ordered exchanges and her party was late both times which she wasn't even present at.
I want my daughter to be successful in life, living in KS only around BM and her family will not help my daughter succeed. They are not positive influences on her and especially not in school.
I could go on and on about the negative things we have against BM. I'm not trying to keep her out of our daughter's life, just not where she has a huge influence on her or her schooling.
My question is, what direction is the judge likely to rule in? Has BM done just enough, the bare minimum, to keep us from relocating? I can't believe a judge just took her word in the last hearing.
She has 3 extended family members here, who rarely see our daughter. I have a lot, including a cousin, my daughter is very close too but lives where I would like to move and my only sibling who is battling cancer there as well.
How much weight will extended family play? Facebook screenshots? Text messages? Emails from teachers? They can even talk to the school and they will tell the GAL that BM hasn't been at school but once to eat lunch with her.
Relocation: Getting Approval by the Judge to Relocate
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