Another Relocation issue

[182173]

I just stumbled upon this forum...I hope this will help my case.

Background: Divorce final in Feb., 2010, ex-wife has Primary Custody. I spend approx. 15% of the time with my daughter...she's 6.

Since then, we have both remarried. I've known my current wife for 28 years. My ex met her current husband in late Aug. early Sept. 2010...got pregnant and remarried Dec., 2010.

In Sept. 2010, my ex told me she was planning on moving out of state to be with her new boyfriend..(less than a month of dating)..and taking our daughter with her.

In late Feb., 2011, my ex filed a Supp. Pet. for Relocation. She didn't fill the forms correctly, so she had to go back and correct everything. That occurred on 3/10/11. I was finally served on June 25th. I, of course, did not give my consent for Relocation. After not agreeing to her "proposal" and not giving her a proposal, she turned mean and nasty towards me again. I know well enough that we will NOT be able to come to a mutual agreement. I want to take Primary Custody of our daughter. She say she "refuses" and will NEVER give up custody.

Her "proposal" gives me 35 uninterrupted days in the summer, maybe a weekend every 6-8 weeks when they come to Florida, alternate Christmas week and alternate Thanksgiving. That's anywhere from 42-48 days per year that I would spend with my daughter. She also requests stopping child support. My intended proposal (if I got custody) would give her approx. 75 days per year.

She has since filed a Motion for Temp. Relocation, less than 2 weeks after that, on July 25th, she filed a Emergence Order for Relocation. This is all due to her having a baby on 7/5/11. She also lost her job on 7/24/11.

She's very repetitive is what she writes to the court, and indirectly blames me for things going on with our daughter. She "hints" that our daughter is medically obese is my fault because of our time sharing schedule...

Wk 1: Mon, Wed = 5p-8p, Fri. 5p thru Sun. 5p
Wk 2: Tue and Thur = 5p-8p

My ex has refuses to allow me to have overnights during the week. She say this schedule is very disruptive to our daughter and wants to stop week nights all together, and just cut me down to every other weekend.

Her and her family bad-mouth me to their neighbors. I have heard that from their neighbor, and she states she will back me in court if needed.

I have pages and pages of documentation, including emails an text messages for the past year and a half. I also have recorded conversations between my daughter and myself.

So, after the above "story", how likely is a Gen. Magistrate and/or judge going to award my ex approval for relocation? I want to ask for Sole Custody with visitation.

Remember, her husband lives out of state, she no longer has a job, she's has a newborn...and, in my honest, unbiased opinion, she has not proven that she has the best interest for our daughter.
Oh, and she has no family out of state. All of our daughters family live within 20 minutes of me.

Sorry for the long post, but wanted to give some detail. Neither of us have an attorney, but have used the same attorney at the court house through Self Help. I just can not afford the costs.

Thanks for any and all answers...good or bad. Or even recommendations.

[Attorney Howard Iken]

I am really sorry but this forum is not set up for case analysis. We only answer quick questions. Even if you came to my office, I would not answer a question without first reading through all your court documents.

You really need to have an attorney read through everything and give you some strategic advice. We are talking about a possible expense of $285. These types of cases can affect the transfer of over $100,000 over 10 years in child support - in even the most modest income situations. It is a false economy to suggest you cannot afford 285 when child support outcomes can far exceed that amount, and a bad result can prevent you from seeing your children on any kind of routine basis.

[182173]

I am really sorry but this forum is not set up for case analysis. We only answer quick questions. Even if you came to my office, I would not answer a question without first reading through all your court documents.

You really need to have an attorney read through everything and give you some strategic advice. We are talking about a possible expense of $285. These types of cases can affect the transfer of over $100,000 over 10 years in child support - in even the most modest income situations. It is a false economy to suggest you cannot afford 285 when child support outcomes can far exceed that amount, and a bad result can prevent you from seeing your children on any kind of routine basis.

Thank you for some sort of reply. However, the $285 is something that I can afford. It's the $2000+++ Retainer fee and then the $300+ per hour that I can not. Between the Child Support and half of her attorney fees I had to pay, it leaves one with my income pretty tapped after all other necessary bills that need to be paid.