As of January 24, 2011, there are specific notice requirements she needs to follow in order to relocate with the child. Also, has paternity been established? You don't mention this in your question. I would schedule a consultation with an experienced family law attorney to ensure that you leave no stone unturned. You will need to give the attorney as many facts as possible so that the attorney can give you a good, sound answer. Better to be safe than sorry. Although, if she wishes to relocate,...
Your best bet is to consult with an attorney who practices in the area where your custody action is being heard, in my opinion. Consulting with an attorney will assist you in gaining a better understanding of what's going on, and will assist you in developing a strategy to counteract it. If you are dealing with parental alienation, this is a tricky allegation and you will want to be armed with legal knowledge to counteract it.
I believe the Violence against Women Act prevents these types of evictions. I would contact your local legal aid office, as they handle eviction appeals. By the way, is your landlord only trying to evict you, or is section 8 trying to get rid of your voucher?
I would suggest you contact an attorney immediately. There is the possibility of appealing her decision, but there are certain requirements to making an appeal work. Plus, it might not be the best way to get what you want. You can also Petition to Modify Custody or file a Motion for Reconsideration. I wish you the best of luck.
The danger of firing an experienced family law attorney while you are in front of the judge is that you may say or do something that is extremely detrimental to your custody case. The benefit of having a family law attorney is that the attorney can assist you in framing your arguments in the best light possible for the Court. Good luck with your legal issue.
I agree with Atty. Kuldiner. Additionally, even if there were a child support provision in your settlement agreement, she could still attempt to modify it until your child reaches the age of 18 or graduates high school, whichever is later. Be sure to consult an attorney before trying to litigate child support so that both of your incomes provide a fair and accurate calculation of your child support obligation.
Has he sued you for custody? If so, pay close attention to the allegations he has made in the complaint. Additionally, are you operating with or without a custody order? If you do not have a custody order, then no one technically has custody of your son, and he could theoretically keep your son until he decides to give him back. I would pursue a custody order to set your mind at ease.
Please note that the only valid Court Order relating to custody is one that is signed by the Court. If the two of you are not operating under a Court Order, then you may want to consider something called a 'Petition for Special Relief'. However, it's difficult to tell at what stage you are at in the custody process, given the limited amount of facts in your post. In your situation, I would highly encourage you to consult with an experienced family law attorney as soon as possible. The longer...