11-01-2009, 01:52 AM
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Senior Member
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Join Date: Nov 2006
Posts: 3,504
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If you were unemployed where you live, why did you need to leave the children and go out of state to be, well---unemployed there. How long were you gone? Did you leave the children with him in violation of the court order that says you have primary custody? This could have been avoided had you gone back to court, informed them of your situation and had THEM amended the order to give him custody on a temporary basis. Leaving them with him without the courts permission gave him the opportunity to do just what he did. You violated the court order.
Also, unfortunately, his leaving the state because he lost his job isn't the same as your doing it because he didn't have custody----you did. He wasn't violating a court order.
That court order was put in place to protect everyone---including yourself. It is difficult to expect protection from a court whose directive you have not followed.
The only thing to do is hire an attorney. He is taking your unemployment as partial payment to help pay for the kids (child support). Does the court order say you are not to have visitation? If he is keeping you from the kids in opposition to the court order you are entitled to inform the court he is in contempt. Perhaps starting there will help you regain custody.
If you are unemployed in a different state, I would think that being unemployed in the state where the kids live would be more advantageous to your efforts to get custody. Not sure it makes sense to be unemployed in one place and move to another one to be unemployed, especially when children are at stake.
You are facing an uphill battle. Never ever exercise your own judgement instead of a court order. It is categorically always a bad idea.
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