Hello. I have an order of protection against the father of my two children. Currently, there is a child support order for which he is in arrears. There is no custody or visitation order set up and I don't think he will petition for one. I, however, am petioning to remove him from child support so that he will stay out of our lives. (this court date has not happened yet). I want to relocate out of state and need to know what my rights are, what, if any, rights he has, and what the laws are governing this in the state of NY. I cannot let him know where we are moving as I am a victim of DV. Can I relocate without advising him? Will I get into trouble with the law for doing so? Please help!
2006-08-21 15:21:34 · 9 answers · asked by cmp103e1757 1 in Family & Relationships ➔ Other - Family & Relationships
you need to see a family lawyer you wont be able to make him stop paying child support even if you want to it wont ever happen,as they are his children you can not move but you can if there is no order in place for the children if no order is in place then you can leave with out telling him
2006-08-21 15:32:53 · answer #1 · answered by treatau 6 · 0⤊ 0⤋
You will need to go to mediation in regards to custody and visitation -- especially if this is not included in the Child support order or the divorce is not finished or processed.
There are protections available which will allow the survivor of domestic violence to relocate and to keep her/her children's safety in mind -- but again, you have to bring that point up in the Child Support Case -- do it all at once, and don't let the lawyer bamboozle you into thinking that by just dropping child support that the guy will not come back and try to kidnap the kids, or to harass you with custody orders or visitation orders, or try to hide his abuse charges and abduct the children then turn around and sue you for child suppport.
Plus, he can (and will most likely do this) harass you in other ways -- DCF toll-free hotlines (accusing you of abuse -- and that has been a constant thorn to me -- my ex enjoys having others help him harass me), changing addresses all the time to avoid child support enforcement, filing frivilous lawsuits to tie up my finances, and searching and stalking and other problems.
In any case, be very CAREFUL and always lock your doors, and don't answer any doors at night, and find good neighbors who can look after your residence when you have to go to shelter to avoid this abuser.
2006-08-21 15:34:18 · answer #2 · answered by sglmom 7 · 0⤊ 0⤋
First do not leave the state until you have him off the hook for child support. Once you have him off that then he is not responsible for it and im pretty sure you can go where ever you want. You really need to talk to a lawyer about it and get some advice. You can also try calling the state Attorney Generals office and asking advice.
good luck.
2006-08-21 15:28:35 · answer #3 · answered by ziggunerin 4 · 0⤊ 0⤋
My advice is to speak to a lawyer and the best, most inexpensive way to do this is through Pre-Paid Legal Services. For more information visit the website below, and feel free to contact me through that site if you have further questions on how this service may be able to help you. I encourage you to find out what your rights and options are in this situation.
I wish you the best of luck.
http://www.getprotectedhere.com
2006-08-22 05:39:49 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Hi, I too was a victim of Domestic Violence as were my two boys, I just three weeks ago relocated from CA to WI feel free to e-mail directly I can refer you to many options. Are living currently in NY or want to move there?
Please e-mail me I can be of help and have created a support group on MSN that you are more than welcome to join,
Good Luck!
anjhills2@yahoo.com
2006-08-21 15:32:20 · answer #5 · answered by anjhills2 1 · 0⤊ 0⤋
Visitation and child support are not related. What you could do is have his child support payments go to the courthouse and let them forward it to you, so your ex won't know where you are.
2006-08-21 15:28:53 · answer #6 · answered by nursesr4evr 7 · 0⤊ 0⤋
in case you haven't got an lawyer you may desire to get one. you may could hire a private investigator to get the evidence of his drug use and that he's being left on my own with the youngsters. he's the youngster's father and so has a criminal suited to establish them however the courtroom can order supervised visits and could order drug assessments in case you modern-day evidence of modern-day drug use. in case you progression out of state you may could bypass returned to courtroom and get the flow authorized. this will additionally be while the choose could determine in case you needed tochronic each and each of how or only 0.5 way. Get as lots evidence as you may. Legally that's each and all of the choose can bypass on. your individual opinion can only be seen in easy of the evidence you modern-day. stable success.
2016-11-05 08:40:51 · answer #7 · answered by ? 4 · 0⤊ 0⤋
call United Fathers (they help mothers too)
714-558-7949 Marvin Chapman
NON PROFIT FOR CHILDREN"S RIGHTS
2006-08-21 15:31:41 · answer #8 · answered by Nate Barman 1 · 0⤊ 0⤋
You seem to have contacted legal counsel so why in the world would you ask these morons on Yahoo???? DUH!!! I actually gave you credit for being able to write and spell correctly......don't blow it.....talk to the legal eagles!
2006-08-21 15:29:31 · answer #9 · answered by Anonymous · 0⤊ 0⤋