You cannot move with the children before the hearing. If you do, it is likely that you will be ordered to return with the children and other severe sanctions could be imposed, including the loss of primary physical custody. You have two options. Either you can move and leave the the children with their father or file an emergency Petiton to ask the Judge to let you move before the hearing. You should speak to your attorney for more specific advice.
Once the two of you get married, you will be able to begin the adoption process. If possible, you should obtain the biological father's consent as this will cause the process to move forward smoother and quicker. If he will not consent, you will have to follow a two-step process whereby his parental right are terminated first. You will need to retain an attorney to prepare the paperwork and to schedule the hearings as there are specific requirements that must be followed for this...
If you mortgage payment (including real estate taxes and insurance) exceeds 25% of your net income after deduction of the child support payment, you would be entitled to a deviation of up to 50% of the monthly payment. I would suggest that you meet with an experienced family law attorney to review the calculations.
Are you telling us that you have let this dangerous behavior occur for several years without taking any action? If, as my colleague recommended, your husband will not agree for the child to go to counseling, or the counseling sessions do not help, you should consider speaking to an attorney to discuss taking steps to remove your children from the situation before serious injury occurs.
You are not required to share everything, but you are required to disclose where the child is staying and with whom. However, you do not have to tolerate being harassed. There are reasonable ways to share information that does not involve contentious behavior. Since you have an attorney you new to discuss this issue with him/her.
I would suggest that you contact the bar association to see if they have a list of attorneys who will take your case for a reduced fee if you cannot qualify for legal aid services. You have a difficult situation and there are a lot of issues that need to be resolved. It will be very difficult to navigate this situation on your own.
You cannot contact the Judge. You must file the proper documents in order to bring you case before the court. However, without an attorney, you can get mired in procedural problems when the solution is not complicated. Since you have been separated for two years, you can file for a Master to be appointed to resolve the divorce. You need to retain an attorney to properly resolve your case.
My colleagues have given you excellent advice. Unless there has been a major change in the custody circumstances since the agreement was reached that would warrant a change in the custody arrangment that you recent agreed upon, it is unlikely that the court will consider changing the schedule. That being said, if the father will agree to change the custody arrangments, you should speak to your attorney about preparing a Stipulation for his signature. Once the Stipulation is signed...
Debts created during the marriage are generally marital debts available for distribution regardless of whose name the debt is in. However, this does not mean that she will be ordered to pay one-half of the debt. Typically, there is an offset for her share in the overall distribution. You should review this matter with an experienced family law attorney.
If custody is shared equally and your incomes are the same, neither of you should owe child support to the other unless she has other expenses such as day care, private school tuition, etc. in that case, you would be ordered to pay a share of the expense so that your incomes remain equalized. You should speak with an attorney.