Stay in Indiana (to prevent my wife to take the kids to Maine)

I live in the state of Indiana. Is there a way to prevent after the divorce is final that my wife can not take the kids to Maine where she has family. I want to still be in the children's life. My attorney done not think that there is such a way to prevent this from happening. Any technical way or anything in order to keep them here. I'm desperate for anything. If she goes to Maine, I will only be able to see them once a year.

[AFFA]

I wish to inform you that if the mother wants to move permanently to Maine then she will have to file a notice with the clerk of the court. Under Indiana Code 31-17-2.2 it is necessary to give notice to the clerk court. Further here the mother will inform as to why the child should be shifted outside Indiana and you can argue that best interest of child are in Indiana and hence the child should not move outside Indiana. In this you will first have to bring motion to prevent relocation. After this court will decide the matter after hearing to both the parties and keeping best interest of the child in view.

AFF

If she has valid reasons such as work, family etc. and it is not just to keep you away, the court in my experience will often let a parent move.

Just FYI.

You can file for full custody as part of your divorce action. You may also file for Ex Parte Emergency Custody. If you can show the children have a stable home with you, and that you can financially support them just as well, as, or more so, as the mother can upon her moving, you stand a good chance at custody.

If the children have been established in Indiana, and that has been their home, their stability will be taken into consideration as well. Moves often disrupt children's development, and if unnecessary, they should not be uprooted.

The best solution is to get proactive and actively fight for full custody of your children.

Incidentally, fire your lousy attorney who gives you atrocious advice, and hire one who knows what they are talking about.

Thank you for your advice. It appears there is going to be a huge battle coming in the near future. I hope I'm up for it. Right now they have a no contact order against me. This was to get me out of the house. Until I can get that dropped, She has full custody.

Who's "they"? Does the no contact order include your children? If not, you are still free to see them. Usually, judges frown on no contact orders with the defendant's own children listed, as the dynamic between the parent/child relationship vastly differs from adult/adult relationships, and judges are reluctant to sever parent/child bond.

Were you abusive to your children?

What, specifically, does the order state?

The order states that I have no contact between the wife and the 2 kids. What got me into this was when my son and I was arguing one evening. He ended up coming at me as if he was going to tackle me. I pushed him back onto the couch and held him there. There was lots of yelling. by the way he will be 14 in April and my daughter just turned 10. I did not hit, beat, smack or anything else. I only held him down. The wife came into the room and took to his side right away without knowing what was going on. I to probaly would have done the same. Thats when she had my little girl call 911. At this time I was only standing there and went into the kithen. I saw that my daughter had the phone in her hand but not to her ear. So I took the phone and hanged it up. Not knowing that she had already dialed 911. So they put me in jail for interferring with a 911 call. and abuse to my son. Even though I was the one with all the bruises on my arms. It appears that I'm never going to get to see my kids again. I just found out that they did a camera interview with the kids, and the judgment from that states that I still get no contact with any of them. How do I fix this? My attorney keeps saying just be patient and go the the counciling that I'm signed up for and it will fix this situation. Its been 35 days since I have seen my kids. They are everything in this world to me. Its one night that just got out of hand. Having time, I have found out that there is a hidden account from my wife where she has been placing money for about 4 months. I also thinking back on things now. It appears that she was trying to start arguments and fights. She would burn my food. Place my clothes in the wrong areas of the house. Not pick up things like she always would do. Had the kids not doing their homework and chores like usual. I can picture my wife telling my son that if he yells at you, stick up for yourself and don't let him push you around. My son has never acted this way tocome at me or anybody. I really feel that she was provoking me into doing something so that she could serve papers on me. I found out a week prior to all of this taking place, that she was stopping the mail on weekends without my acknowledgment. i came home early one day being sick and found this out. Seems like there should be something I could get her on for stopping my mail. My atorney said that there isn't.

Oh yes. You were definitely set up by her. Women like her love to abuse the court system in order to get their own way.

Continue to go to anger management classes (even if you don't feel you belong there). This will show a judge you are serious about self improvement. Why the restraining order is against her is a mystery if you did not touch her in any way. It was also very sleazy of her to instruct your youngest child to call 911. That is the job of the adult, not the child. Unless the child is the only one who can call, an adult is who should be doing that.

You need a better attorney.

Go to the post office and make sure that all mail with your name on it (even if it's jointly) is sent to a P.O. Box. Don't have it delivered at home anymore where she can tamper with it.

Aren't the new and "improved" family domestic laws grand? There was a time a parent could discipline their children for bad behavior without threat of police action. This is one reason the laws need to be changed. Too many people are abusing it and tying up precious police time, and court time with their childish, frivolous personal issues.