My Momentum is lost.....

[stioffan]

this is what I am now going through.
We went to court in April and she wanted the court to give her the custody of the children and move to her apartment. the judge didn't let that happen. the next round in court was May 7. She was asking for temporary maintenance and for me to pay her legal fees. My attorney waited until the last minute to give my reply to her show cause order. Because of that the judge said he would have to review and she would have 5 days to reply, which she has with a pack of lies. The judge also said that the trial would begin in mid September. This did not make me too happy, but she was furious. You see at that point we were still trapped in the same house together with the boys.
In the 4 months since serving her the papers, MIL moved here and got an apartment and the two of them with the help of some of her friends moved most of the marital items from the home to her apartment. When the kids were home from school they would spend all day with her and MIL at that apartment. They would come home and spend an hour with me, washing up before bedtime, having a snack and then going to bed. NJ would sleep with them. The only Order in the case to date was that I would get them on alternate weekends to do things. They were in this house until May 10. That is when she made her move and took them from the home.

A couple of points:
1. She brings my older son to the marital home each morning so he can catch the bus. (I have the house keys in case you were wondering.)

2. I noticed that the most recent affadavit she signed was May 9. This is the one where she states that she "Presently resides" at her apartment, but that was not true until the following day.

I dont really know what is going on. I feel vulnerable and overwhelmed. I thought when she took the kids, that there would be a response from the judge, but the only thing we got is another court date. May 28
One more thing to add is that she is trying to establish that I have a girlfriend who is living with me at the marital home and said gf is probably also an affair i was having during our marriage. She sent more than one gift magazine subscription using my moms email address. She sent the mags to my address with the girls name. My mom reported this to the State Police. They told her it wasnt fraud, but was harassment.
Update: She has now changed the boys addresses with the school district. The boys are sleeping with an adult in twin beds. B5 is sleeping with 400lb grandmother in a twin bed. B6 is sleeping with his mother in a twin bed.
I am broke and thousands owed to attorneys. Should I be trying to find another lawyer? Because I feel my guy dropped the ball
on that initial court order. It was written in such a way that it seems I only get to see them every other weekend.

[docdoharm]

Okay if your post makes sense...

GO GET YOUR KIDS BACK!-no court order...or she is in violation...you go get them. Put them back in the home and if she shows up you can let her see them but in the home only.

You MUST NOT ALLOW HER TO RETAIN CONTROL OF THE SITUATION.

Also having a girlfriend at this time is not advisable.

[RC211V]

Frustrating. Sounds like you’re at a stalemate sort of. She probably is getting extra motivation/sustenance/support for her effort from her mom. With no orders and litigation pending, all I can see you doing is stepping up your ‘presence’. Get in there, get the kids back, take over their transportation, whatever you have to do to be there doing the parenting more than her. Push her out of the way. It’s great that you didn’t get moved out of the house, but maybe you need to go on the offense. You’ve defended, now push aggressively.

Don’t worry about the girlfriend < edited >.

[stioffan]

I don't have a girlfriend. The girl involved in this now was someone I hired to go through my evidence and pick out the best bits. It was well worth it. I don't believe I can get the kids and hold onto them without the police arresting me. I asked my attorney about keeping the boys when my weekend was over and he said I could but he advised against it. Court is one week away. I did think I would visit B6 at school.