Hardship Transfer (estranged family)

Golfer89

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Hey everybody,

I was hoping someone could give me some insight. I am currently rounding 3rd base on a divorce, and am wondering what my chances are for a hardship. I started at the facility I am at during the beginning of COVID and was on EA for basically a year, therefore I am not CPC. My soon to be ex-wife and I have been living here for a year. She wants to take the children back to where we are from because she doesnt know anyone here, doesnt have a job, and has no support system. Currently I have joint custody of our two children. My lawyer has advised me against taking her to court in order to make her stay here because he said no judge would make a single mom who has lived in an area for a year without a job stay, and if it did go to court, they would alter the custody agreement and give her sole custody. Will the FAA look at the fact that I am not taking her to court in an attempt to "make" her stay in this area as "voluntary"? Is there anything I can do to make things go smoother?

TY
 
Honestly, the advice from your lawyer is enough. A letter saying he is telling you not to do it as his professional advice will suffice as to why you did or didn’t do something. The faa isn’t family law experts no matter how much they pretend to be. Put it in when it’s final. If they say no, appeal with with a lawyer. I know of a person who had their ex move where they wanted to be, twice. If that gets approved surely yours will be too
 
I will not dissuade you from trying, but to my knowledge they will not do anything until you are actually divorced. The Agency has told people with life threatening issues to go pound sand, this (no offence intended and you have my sympathy) means nothing to them.

Still try to file a hardship, maybe something to the affect with proof that your wife is depressed (not you, quick way to wind up without a job) and that it is in her best personal health interests to go towards a particular area (home).
 
I will not dissuade you from trying, but to my knowledge they will not do anything until you are actually divorced. The Agency has told people with life threatening issues to go pound sand, this (no offence intended and you have my sympathy) means nothing to them.

Still try to file a hardship, maybe something to the affect with proof that your wife is depressed (not you, quick way to wind up without a job) and that it is in her best personal health interests to go towards a particular area (home).
The divorce will be final this week. I knew not to file until I had the decree in hand. Thanks for your insight.

Honestly, the advice from your lawyer is enough. A letter saying he is telling you not to do it as his professional advice will suffice as to why you did or didn’t do something. The faa isn’t family law experts no matter how much they pretend to be. Put it in when it’s final. If they say no, appeal with with a lawyer. I know of a person who had their ex move where they wanted to be, twice. If that gets approved surely yours will be too
Thanks man. I have been playing mental gymnastics with this for a while, and Im super concerned that it may get denied. I cant imagine being away from my children for a long period of time.
 
Thanks man. I have been playing mental gymnastics with this for a while, and Im super concerned that it may get denied. I cant imagine being away from my children for a long period of time.
If she splits with the kids in divorce you’re good to go for the hardship
 
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The divorce will be final this week. I knew not to file until I had the decree in hand. Thanks for your insight.


Thanks man. I have been playing mental gymnastics with this for a while, and Im super concerned that it may get denied. I cant imagine being away from my children for a long period of time.

I am sorry man, honestly anyone that takes a child away from the parent/s in a situation like this deserves the deepest circle of hell.
 
Honestly, the advice from your lawyer is enough. A letter saying he is telling you not to do it as his professional advice will suffice as to why you did or didn’t do something. The faa isn’t family law experts no matter how much they pretend to be. Put it in when it’s final. If they say no, appeal with with a lawyer. I know of a person who had their ex move where they wanted to be, twice. If that gets approved surely yours will be too
Key word APPEAL AGAIN with a lawyer people give up to easily
 
I know a guy who had almost this exact scenario play out. He voluntarily let her go, not wanting to go to court and lose custody. Put hardship paperwork in, and was denied.... multiple times. Took a couple years to gather enough, read multiple, doctor's notes saying it was necessary for his kids health for him to live near the kid. NATCA was almost zero help, if not a detriment, his first couple of attempts. Be very, very careful in that spot.
 
I know a guy who had almost this exact scenario play out. He voluntarily let her go, not wanting to go to court and lose custody. Put hardship paperwork in, and was denied.... multiple times. Took a couple years to gather enough, read multiple, doctor's notes saying it was necessary for his kids health for him to live near the kid. NATCA was almost zero help, if not a detriment, his first couple of attempts. Be very, very careful in that spot.
This is exactly what I am afraid of. Any suggestions to work around this prior to filing?
 
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