It is commom that thee court stipulates that neither parent can move out of state with the children,the lawyer was wrong to tell you to go ahead and move. It is more likely that he got custody more because you never appeared in court. You will either have to get another attorney of file for custody yourself. You can do that by going on line and go under legal forms and down load and file with the court. If you can't get the court to allow you to move out of state with the kids then you may consider just getting them in the summers and holidays and spring breaks. If the court allows you to have custody back you would have to probary stay in the state.
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Question
Submitted 115 days ago...
A little shady divorce case
I have been going through divorce proceeding for a year and a half now in mason ,co west virgina. i took my children and moved back to my home county which is about a hour and half drive from the property that my husband and i moved to about 5 years ago to be closer to his job. my lawyer advised me to go ahead with the move but not tell my husband that i was going. anyway we've been round and round about the custody he ended up with residential custody for october 07 to jun 08 and i could'nt figure out why because i'm not a drug addict ect. well last court hearing i found out that it was because i violated a court order to keep the children in mason, co that i ddidn't know about because i have no paperwork on my divorce at all. we went back to my home town because my children and I were living in a camper. now it has been decided that we will have 50/50 custody in mason co. and i still will have to live in the camper because no agreement has been made on the property. iordered my transcripts in may of 08 and have been told that i have to go through the family court judge to find out why i haven't received them. i have tried to find other lawyers in the area and none will deal with this county. what can i do? who do i look to for help? someone please help if you can.
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Answer 1 / 3
Submitted 114 days ago...
Answer 2 / 3
Submitted 114 days ago...
Sounds like your lawyer is working against you not for you. You need to get rid of him. You can call legal aide and see if you quarlify for free legal service they go by your incom. I am sorry I misunderstood and thought you moved out of state. But if there was a court order stipulating that you not move out of mason that would still be in contempt of court when you moved from Mason. The judge would normally just rule that you move back they very seldom take your rights away. You still need to follow up with this and prusue getting not only custody but to ask the court to modifly the orignal order and allow you to stay where you are with the children,it is just a short way awy what thew judge is thinking of is beyond me.
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