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leemanna1 · Jun 25, 2010, 12:25 PM

I am recently going through a pretty nasty divorce. My ex is about to go to jail for domestic violence charges and possibly assult charges. Not to mention the violation of the protection order. TWICE! If he is in jail am I able to take my kids and move? I moved to Ohio to be w him and my family is in Wisconsin. Now that we are not together and our relationship has become toxic I would like to be back by my family.

JudyKayTee · Jun 25, 2010, 12:32 PM

Is there an Order currently in place concerning custody/visitation? If so, you have to abide by the terms unless/until the Court changes them.

If he is in jail now it's a good time to ask the Court of you can move - stress that he is dangerous to you and, ultimately, to your children.

I am somewhat confused - you say you ARE going through a nasty divorce but you also say he's your "ex." It can't be both.

If you are in Court, if the proceedings are underway, no, you cannot move without Court permisison.

I don't know which it is.

leemanna1 · Jun 25, 2010, 12:44 PM

Sorry calling him my ex is a habit. We have been separated for quite some time now. But we are still legally married and going through a divorce. He just posted bail yesterday and has custody every other weekend and 1 night a week. But he is awaiting trial on multiple charges. He pulled a gun on me in front of our 4 yr old son as well as assulted me, threatened to kill people. He has multiple protection orders against him. I have a lawyer and requested a guardian for our children I don't believe he should have received unsupervised visitation so easily and am trying to have it reversed. But he is continuing to act out and violate the law and I am starting to think that he shouldn't be around the children at all. I have done my best to keep things civil but he is an irrational person and not to mention his obvious anger issues. I fear that he will use the children simply to hurt me because it's the last barganing chip he has. My children have been put through enough. To be honest I cannot believe that he has done the things that he has.

JudyKayTee · Jun 25, 2010, 01:28 PM

You MUST go to Court and ask for an IMMEDIATE/EMERGENCY Order of Protection for yourself (which I think you already have) AND your children. Once that is accomplished, then you have to request permission to move.

I agree - he should not only not have unsupervised visitation he should have NO visitation.

I know it's hard to believe when someone you loved turns on you like this - been there.

Is your Attorney aware how dangerous this guy is?