In the best-case scenario you would live in a location where your children can still attend the schools they regularly go to. If you were to take custody you would have 50% timeshare. This probably would be a requirement unless where you live is a significantly better school district and the children really want to move. If your children want to be in your custody it’s important that you schedule an appointment where they get into a court mediator and have an opportunity to express their feeling. The Judge has an obligation to be aware of the children’s desires. He or she does not have to follow them but they need to understand the children’s position. I find it shocking your ex did not report child molestation. While much time has passed I would still file a report with Child Protective Services in your county and attempt to initiate an investigation. Otherwise this offender may be taking advantage of other children. The courts really start paying a lot more attention to what the children have to say when they are older than 12.
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It is good that a motion to modify has been brought so that you will have the opportunity to address ongoing issues with the court - such as the interference with your visits with your children. Obviously the marijuana use could be considered a concern by the Court (most judges have an opinion of its use - some are okay with it, others are not). You will go to mediation as part of the Court process to see if you and the children's mother can reach any agreements regarding the custody and care of your children. Depending on your county, the mediator may submit a report to the Court as to what was discussed in mediation and provide recommendations. It is important that you file a response and that you obtain information as to your prescription for marijuana use to show the mediator and, if necessary, the Judge. Preparation is imperative. I would recommend consulting with an attorney who is familiar with family law and the workings and requirements of the Court.
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