If a parent has sole custody does the other parent need to file for relocation.?

Question

My ex wife had her parental rights suspended by the Judge in the Final Orders in the divorce. In addition to that she is not allowed visitation or any contact at all even via other family or third party. Since that time, I,ve decided that my sons and I needed to be away from all the chaos and we have moved to Indiana. We are visiting with my fiance and are making a decision on the marrage, and if we want to permanatly make this state our home.I have to go to court in Denver next week because the mother is trying to get visitation back. Can I get in trouble for even temporarily relocating without notice whe she has suspended rights and no contact or visitation?

Boys are 12 and 14.Mother,s parental rights were suspended and no visitation or contact allowed in Final Orders.Boys wish no contact.With mother having no parental rights,no contact or visitation, am I allowed to at least be on vacation, checking on conditions, jobs,schools,etc. without filing motion to relocate untill positive we want to live in another state?I am curantly in another state but mother has filed for visitation and I have to go to court in Denver. No lawyers involved on either side in this hearing.I,ve always gone Pro Se.App. court Judge has no reason to not uphold Final Orders. It is in best intrest Orders stay the same.Can I be out of state seeking best intrest of sons,better life etc. and not have to file for relocation untill I,m sure and can meet Courts standards.With sole custody and no visitation or allowed contact, can I be out of state?Boys are in school,I have a lease. Can I be Ordered back untill I file?Even when she has suspended rights/no visitation,contact?

Mother Ordered to seek mental heath/anger management counciling.Boys had long therapy at Denver U. and wish no contact w/ mom.Not my wishes,but theirs!It is not in best intrest of boys to see her.Sad yes, but true and part of final orders.It takes ALOT for a woman Judge to suspend mothers parental rights and take away visitation.There is A REASON for it belive me! So...my guestion is...can I be out of state with the boys without notice untill I,m certain about relocation and choose to file then?Per final Orders she has suspended patrent rights and no contact.Judge decided and Ordered this,I didn,t have to ask or file for it to happen.Mom was afforded every opportunity to be a mom before Judge woman Judge made this order.She has filed for modification of parenting time and I have to go to Denver cort or run risk of warrant for failure to appear or risk default judgement.But can I be out of state?If it in fact even comes up.Not a perfect world,but it,s the Order from divorce judge.

Answer 1

So far as I know of, NO. She simply has NO RIGHTS. Period. However, when you show up for court, simply "give them" your new address and let that be that. If you have a lawyer (and you SHOULD HAVE), inform him so that he will be "aware" should she bring up an objection to it. After all, unless SHE WINS, her objections are moot!

Answer 2

Yes, you need to file with the court, but do not need your exes permission. Should this come up in court next week, just tell the court you were only investigating the area for possible relocation, therefore didnt file with the courts and will do so at the appropriate time. You can probably bet on this bein g brought up in court by the mother. Child support and custody are the only areas that can be modified by a judge via a court hearing after the final divorce decree so this is why she is trying. Good luck

Answer 3

At this time, you are free to go anywhere you want. IF you plan on moving to Indiana, I would check with the courts to make sure they KNOW where you are at all times. This can be taken up in court when you go to fight against visitation. Your ex must have done some pretty terrible things to be denied visitation. IF I were you, I would take proof of a new job that is a better income situation with me...I would take documentation that the children will be better off in Indiana with you than remaining in Colorado with anyone else. Good luck

Answer 4

I would suggest that you speak with the judge's office or your lawyer to find out what your legal rights are. Get written documentation if necessary. As it is now the court is in your favor. You would not want to break the law or do anything that would threaten your custody rights. All the best.

Answer 5

Had you lived in Missouri yes, you should have, if gone more than 30 days. Most states similar but you need to check with your attorney. If you want to permanently relocate you will probably need to petition the court for permission.

Answer 6

I have custody of my kids and their father still has to inform me if he moves or anything else just as a precaution for emergencies. If your ex had no visitation or anything else then I don't see it being a problem but the best bet is to go to court next week. Also remember no matter what she is your sons mother and they will need to know who she is. she might be one of the worst people around but they need to see this for themselves as if you are just saying it they will resent it and often might not believe it.

Answer 7

I would not think so, but this is for an Attorney. Try to do what is right for the boys. You know you divorced her but they did'nt. That is their mom and they will have issues!

Answer 8

I would let your lawyer know just to be on the safe side. All states are different.

Answer 9

was her rights suspended forever? make sure u notify the courts and they will tell u more.

Answer 10

I dont see how cuz it sounds like she hasnt been to court yet.