Can I move out of state with my children if I have custody?

Question

My ex husband and I live about 10 minutes away from each other and he has visitation rights of my 2 sons (4 and 6)from Sat. 9am to Sun 3pm
every weekend. He only picks them up every other weekend though. And he's $1800 behind on child support. Also, there is a restrining order agaist him for verbal and physical abuse for the past 4 years. I want to move to Texas where I'm from and buy a house with my current husband and the kids. How hard would it be to get the courts to allow me to move if he does not agree? Which he wont, he does everything to try and make my life hard!

Answer 1

If he wont sign a wriiten permit letting you do so then youll have to petition the courts for permission to do so without him. You will have to prove beyond any reasonable doubt that this move would be in the very best interest of the kids since they will be losing dad. Being behind in support and the orders will definitely work in your favor,but you may need to show that you have employment and a suitable place to stay once you go there or your new hubby has employment before he okays it. Not an easy task but not impossible, just be ready for the courts questionsand understand that they will be looking out for the kids best interest first. Good luck and Merry Christmas

Answer 2

This is sad

Its not about:
Support
Texas
Abuse
or how hard you think your ex tries to make your life

This is about your 2 sons. You would be taking away your sons rights to see their father not the fathers visitation. You need to change your perspective to be the better person. Every study says children are better off when they have a relationship with both parents no matter how bad one thinks the other is.

I have custody and my ex moves all the time. Guess who does all the driving and facilitates all of the visitation. Me, for my daughter, not her mother.

You must see this through the eyes of a 4 and 6 year old.

Answer 3

He can easily file an injunction against you to prevent you from leaving the state with the children. If your job required you to move and an equal job could not be found where you are currently then you could move and the court would allow it. If you are allowed to leave the state your ex can request terms to that relocation which may include the same visitation schedule only with you paying for or providing for their transportation to and from their dad's. he may also request that child support be reduced to help pay for transportation during visitation. At this point it could go either way and varies from judge to judge. Much depends on how good your lawyers are as well and how hard he wants to fight it. Injunctions to prevent exs from leaving the state with the children are very very common. Talk to your lawyer.

Answer 4

First of all what do you custody papers say? If they say you can't move out of state then you're probably going to have a court battle unless your ex signs away all parental rights. That will mean he will no longer OWE you ANY child support. However if the papers say you can't take them and he doesn't agree and wants a fight you will either have to stay and fight or get charged with kidnapping if you attempt to move them to another state. That is WHY it is important to actually pay STRICT attention to what is going on in the custody phase of the divorce and to READ ALL of the papers, every single word before you sign them.

Answer 5

The fact that he has court ordered visitation is an issue, you would have to ensure that he would have reasonable access to his children. By bringing them to him on his visitation weekends. Or the only other alternative is to go to court and get the visitation changed. You are under a court order and could be found in contempt. Hire an attorney. Good luck and God bless****

Answer 6

my parents divorced when i was around 10 and my mother moved us to another state without even telling my dad, my dad had to ring my grandmother to find us.
i dont think she asked the courts, if she did i don't know.
my mum used to move us all the time, just to upset my dad she didnt want us to have anything to do with him. so kind of a different story to yours because my dad paid child support and tried anything to see us. ( your ex sounds like a jack ***) sorry....
my point is i would go to the courts first and tell them your plans of moving and ask how u can do that legally and if u can, u will probably have to get your ex to make a different agreement with you about visitation. which will be hard. so ask your family court or what ever its called, try and do it the safer way to avoid as much trouble as you can good luck

Answer 7

In most states if both parents have joint custody and the one with primary custody of the children wants to leave the state for permanent residency; the other parent must give their consent.

Of course, you will have to start by petitioning the court and it would go before the judge. However, I'm almost certain that if indeed dad has joint custody.....you will have to have his written and court presented permission to move out of state with the children.

Answer 8

I don't know what state you live in but in CA you can. I believe that you need to check with your lawyer or the court itself to be sure so you are not accused of kidnapping your children. I think you won't have a problem since he doesn't make an effort to see them more often or help with their support.

Answer 9

I believe you have to have his permission but at the same time you have a history of violence and the fact that he does not keep his visitation schedule. You may get permission from the court without his having to agree.

Answer 10

Now which you're interior the potential of divorce, you could no longer take the youngsters out of state with out the ok of the two mothers and fathers or the courtroom. on occasion, the courtroom could have the working better half pay the criminal expert's costs in case your babies are decrease than 6 years old. in the event that they are older, you're predicted to get a job and pay your individual costs.