Judge won't grant me custody in another state

[CaptApollo]

I hope someone has some good advice for me. Here is my story.

I could not stand to live with my wife anymore and I moved out of the marital home in Ohio 10/3/08. I left Ohio for New Mexico on 11/4/08. I have since gotten a good job here, I have a nice clean home to live in with my 88 yr old father, and have lots more time to spend with my children. My wife on the other hand is unemployed and shows no interest in getting a job, she is a slob, the house is disgusting, she can't handle my boys, they are totally out of hand, she doesn't dress them properly etc. My lawyer says that if I had stayed in Ohio, there is no way the judge would let them stay with her, but since I left, he won't let my boys leave the state, even though we have not even been to court. My lawyer has talked with other lawyers and they all say that this judge does not like to let children out of his jurisdiction. Apparently he even granted custody to a drug addict mother instead of letting the child live with the father in another state. Now we don't even have a case at the moment. The judge dismissed my case because my lawyer filed my papers after I had left for NM and the judge said he didn't have jurisdiction on me. But my wife had a counter claim so we were going ahead with the case anyway. I had a court date and a plane ticket and then the day before I had to leave for Ohio, her lawyers canceled her claim, I lost money on my plane ticket, and we have pretty much given up because everyone says the judge won't grant me custody out of the state.

I don't see a good future for my boys (who are 9 and 10 by the way) if they stay with their Mother.

I could really use some good advice.

Thank you, John.

you left the state without your kids, they will not be sent to live with you...if you were so concerned about their future you could have left the house and stayed in the area. She was good enough to leave your kids with, now you want them, and she's an unfit mother? Cmon

Originally Posted by Unregistered you left the state without your kids, they will not be sent to live with you...if you were so concerned about their future you could have left the house and stayed in the area. She was good enough to leave your kids with, now you want them, and she's an unfit mother? Cmon

ya, i agree here, john you F'ed up. you need to man up, you will not get your cake and eat it too.