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My ex withdrew his petition of custody Arkansas

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  • My ex withdrew his petition of custody Arkansas

    OK I'll try to make this short!! I was divorced in 01 I got physical custody of our two children. I moved a year ago 550 miles from their father, he filed a petition against the move. We have went back and forth with court and mediation (several trips). Finally the final hearing came, he had fired his counsel about 4 weeks before this. We show up (mind you i drove 550 miles AGAIN) and he asked for a continuance, the judge denied him. He then decided to withdraw his petition for custody modification, because he did not want to go through it w/o counsel. I have spent 4000 in legal fees and 1200 in travel costs. I don't know if he is going to file again or not. We don't communicate well at all!!! I told him to look up the guidelines for distance parenting time (all of spring break, 7 weeks of summer, and 7 days of winter break). He refuses to abide by this and says that I owe him more time and I should transport the children anytime he wants to see them. I couldn't afford to do that and its to hard on the children (7&11). When he does have parenting time he always pawns them off and he has a drinking problem. I'm wondering if i can go after him for all of the money I've had to spend since HE is the one that filed the petition to start with and then withdrew it!!!

    Thanks to anyone that might be able to help.
    Julie

  • #2
    Originally posted by mommyjulie View Post
    OK I'll try to make this short!! I was divorced in 01 I got physical custody of our two children. I moved a year ago 550 miles from their father, he filed a petition against the move. We have went back and forth with court and mediation (several trips). Finally the final hearing came, he had fired his counsel about 4 weeks before this. We show up (mind you i drove 550 miles AGAIN) and he asked for a continuance, the judge denied him. He then decided to withdraw his petition for custody modification, because he did not want to go through it w/o counsel. I have spent 4000 in legal fees and 1200 in travel costs. I don't know if he is going to file again or not. We don't communicate well at all!!! I told him to look up the guidelines for distance parenting time (all of spring break, 7 weeks of summer, and 7 days of winter break). He refuses to abide by this and says that I owe him more time and I should transport the children anytime he wants to see them. I couldn't afford to do that and its to hard on the children (7&11). When he does have parenting time he always pawns them off and he has a drinking problem. I'm wondering if i can go after him for all of the money I've had to spend since HE is the one that filed the petition to start with and then withdrew it!!!

    Thanks to anyone that might be able to help.
    Julie
    Did you have the court's permission to move the children 550 miles away from thier father?

    What does your court order state regarding custody and visitation?

    What was the Judge's reason for denying ex's request for a continuance?

    Typically, the parent who moved is required to pay for all visitation transportation costs, since the move created those extra costs.

    Given the situation that the Judge denied ex's request for a continuance, it's very understandable that he would not want to continue without legal counsel. He does have the right to have counsel, it's very possible that once he finds another attorney he could file again.

    I can't tell you anything concerning your legal fees and transportation costs without knowing the answers to the questions I asked.

    Comment


    • #3
      Xena my replies to your questions!!

      1. Did you have the court's permission to move the children 550 miles away from thier father?

      I filed a notice as i was required to by the laws in our state and he then filed a dispute on the relocation. Which yes he had all rights to do!!! He filed a petition for modification of custody, and wanted custody of the children.

      2.What does your court order state regarding custody and visitation?

      Current custody order is that we have legal joint but i have physical custody and ultamilatly am the one to make the major decisions. If the children are moved a large distance from the non custodial, the non custodial parent gets all of spring break, 7 weeks of the summer break and 7 days of the winter break. And the expenses are to be 50/50, the reason I was ordered to pay 60% was that while i did file the notice it was filed a little later then the courts would have liked to see!! So i got slapped sort a speak.

      3.What was the Judge's reason for denying ex's request for a continuance?

      Because this case has been in court for 1 year and keeps getting continued. My ex knew this date in October was coming since July 2008.

      4.Typically, the parent who moved is required to pay for all visitation transportation costs, since the move created those extra costs.

      It was orderd during the first hearing that I am liable for 60% of transporation and that the final determination would be made at the final hearing (which was suppose to be this one). He has had little cost as i've delivered the children 3 times the full distance, he has met me 1/2 way 2 times.

      5. Given the situation that the Judge denied ex's request for a continuance, it's very understandable that he would not want to continue without legal counsel. He does have the right to have counsel, it's very possible that once he finds another attorney he could file again.

      It was only denied because of all the continued hearings. My ex did have an attorney and fired her a month before the hearing (this was after our mediation meeting). And was told by the judge that he had, had adaquit time to get counsel during the month.

      Comment


      • #4
        Originally posted by mommyjulie View Post
        1. Did you have the court's permission to move the children 550 miles away from thier father?

        I filed a notice as i was required to by the laws in our state and he then filed a dispute on the relocation. Which yes he had all rights to do!!! He filed a petition for modification of custody, and wanted custody of the children.
        What was the court's decision on the dispute of relocation?
        Did the court rule before, or after your move?


        2.What does your court order state regarding custody and visitation?

        Current custody order is that we have legal joint but i have physical custody and ultamilatly am the one to make the major decisions. If the children are moved a large distance from the non custodial, the non custodial parent gets all of spring break, 7 weeks of the summer break and 7 days of the winter break. And the expenses are to be 50/50, the reason I was ordered to pay 60% was that while i did file the notice it was filed a little later then the courts would have liked to see!! So i got slapped sort a speak.
        Was this custody and visitation schedule included word for word in the court's order allowing you to move?

        3.What was the Judge's reason for denying ex's request for a continuance?

        Because this case has been in court for 1 year and keeps getting continued. My ex knew this date in October was coming since July 2008.
        How many times did your ex ask for continuances during that year? Did you ask for a continuance at any time during the year?

        4.Typically, the parent who moved is required to pay for all visitation transportation costs, since the move created those extra costs.

        It was orderd during the first hearing that I am liable for 60% of transporation and that the final determination would be made at the final hearing (which was suppose to be this one). He has had little cost as i've delivered the children 3 times the full distance, he has met me 1/2 way 2 times.

        5. Given the situation that the Judge denied ex's request for a continuance, it's very understandable that he would not want to continue without legal counsel. He does have the right to have counsel, it's very possible that once he finds another attorney he could file again.

        It was only denied because of all the continued hearings. My ex did have an attorney and fired her a month before the hearing (this was after our mediation meeting). And was told by the judge that he had, had adaquit time to get counsel during the month.
        Depending on the circumstances, the Judge might have made a bad decision on that, if your ex had a legit reason for firing his counsel. This could be a basis for an appeal. Has ex filed an appeal, or did he just voluntarily dismiss the issues?

        Comment


        • #5
          My replay

          What was the court's decision on the dispute of relocation?
          Did the court rule before, or after your move?

          The court upheld his right to petition, but allowed me to move the children after a short hearing, he could not prove reasonable issues that I should not move the children and that they were best suited to live with me. The continuance was suppose to address future visitation and support and expenses.


          Was this custody and visitation schedule included word for word in the court's order allowing you to move?
          It is a standing law in Indiana that is usually included in any paternity case that if the custodial parent moves the children more then 100 miles from the other parent a letter has to be sent to the courts and to the other parent. Which i did do as soon as it was for sure we were moving. This way the other parent has time to object to the relocation.


          How many times did your ex ask for continuances during that year? Did you ask for a continuance at any time during the year?
          He asked 2 times (this was his 3rd time asking) and yes we asked for continuance 2 times, but it was due to the fact that my ex's attorney could not get a hold of him for information that was needed. And since i lived 550 miles away waiting til the last minute is usually when he finally would surface and still would not have the needed information.



          Depending on the circumstances, the Judge might have made a bad decision on that, if your ex had a legit reason for firing his counsel. This could be a basis for an appeal. Has ex filed an appeal, or did he just voluntarily dismiss the issues?

          He never stated why he fired her!! My attorney didn't even know why. I haven't heard that he has filed an appeal, at the time when we all showed up he just withdrew his petition for modification of custody. So i'm not really sure even where that leaves me...my attorney said basically out in no mans land.

          Comment


          • #6
            All you can do for now is wait and see if he refiles. In the mean time, just follow your existing court order and you won't have any real problems if he does refile.

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