Custody Help or Experiences PLEASE Sway911 2 kids; Waterford, California 34 posts
Oct 27th '12

My children's father and I have never been married, nor have I ever had to file for custody. He see's the children about 2 days a month and just recently was ordered to pay child support through the county.

Now the reason I am having to move out of state is because of a recently filed annulment from my current husband, and I literally have no means of providing anything for my children. I have no family in the state of California, no job, sold my car, so I am literally stuck in a rut. I filed ex parte for full physical and legal custody and including in the summary page about the situation. The file clerk was also made aware of the time sensitive matter (I bought tickets for Nov. 7th) on Thursday, and was told to come back on Monday to pick up the papers. The file clerk told me that by then, the judge would have made the ruling and I will know on Monday. Also, I was granted temporary custody until I get the paperwork.

What are my chances of being awarded permission to leave state? All of this is because I am trying to do the right and legal way, but I never knew it would cause me this much stress..

Any advice or your experiences in this area would be greatly appreciated.

Crystal 3 kids; Hephzibah, Georgia 15566 posts
Oct 27th '12

I think your chances are pretty high. you're leaving for the goodwill of your family and since your childrens Father isn't doing much in the way of caring for his kids, it's unlikely that the Judge will make you stay/

MiniVanMafiaMom 67 kids; Newton, North Carolina 543 posts
Oct 27th '12

just depends on how much he wants to fight it, if he wants to fight it and how good both of your lawyers are if he does fight it. with him only seeing LO twice a month that will help you. if he fights it, they will send you to mediation to try to come up with a solution outside of court and if you do then great, and what you agree to will be signed off by the judge and you wont need lawyers and will be a legally binding contract. if you cant come up with a solution in mediation they will set a court date and you will both need lawyers. if one of you cannot get one in the time given, the judge will either go ahead and rule (prob in the favor of the person that was able to get a lawyer) or give an extension.

user banned 1 child; Germany 12377 posts
Oct 27th '12

I would have left, then filed the paperwork.... I don't know what you're chances are, but I wouldn't risk the judge giving custody to their father because you can't provide. I'm not saying that will happen, but it's a possibility if he fights for it.