I have a friend who is divorced and shares custody of his kids with his ex wife the kids reside with the mother though. The mother is wanting to up and leave with her fiance and the kids to move to Hawaii they and the father live in florida. The divorce papers state she can only move to counties bordering brevard county where we all live.She is taking my friend to court to have it motified and my friend dont want the kids going to Hawaii which is understandable because she has nothing out there no family no work, nothing its an irrational decision she is making. Can my friend fight this in the best intrest of his children to keep then here in florida where they have stability, there schooling, friends and family? He is a good dad he pays his child support and he always wants to be around his kids, the mother on the other hand lives in this fantasy world and is brain washing the kids over this move to turn them against there dad?
2007-01-11 04:40:50 · 11 answers · asked by onehotmama 1 in Family & Relationships ➔ Marriage & Divorce
What can my friend do legaly to see too it she doesnt take the children thousands of miles away?
2007-01-11 04:42:44 · update #1
Yes, he can fight this.
Usually, the only reasons a judge will let the children move is if there is a better job (must be a dramatic change in income) and a few other reasons.
This is very hard to do, especially if he is against it.
2007-01-11 04:45:18 · answer #1 · answered by siriusblackpearl 2 · 2⤊ 0⤋
I hate when I hear stories of fathers who do right by their children and the ex wants to be selfish like that!!! He has every right to fight that in court. There is already an order placed that forbids her from moving that far away and if she wants to really make the move she will need the judges permission. And I don't think that the judge will grant permission unless she proves the father to be unfit, never seeing the children, abusive; which I hope she doesn't do.
What a selfish woman to want to do that to her kids and her ex. My sons father has passed on, and I only wish that my son had more time with his father. That's why these things really irk me. She should be happy, proud and feel blessed that she wasn't cursed with a dead beat sperm donor, like a lot of men are.
2007-01-11 12:49:13 · answer #2 · answered by FaerieWhings 7 · 0⤊ 0⤋
If he does not give permission, then they can't go. He is their father and he pays child support, so the court would not let their mother take the kids away from their loving father. I'm not 100% sure on this, but I think they have to stay close by.
2007-01-11 12:52:29 · answer #3 · answered by Anonymous · 0⤊ 0⤋
See a lawyer. If the court has mandated that she can only move to counties bordering brevard county, then there shouldn't be a problem. He should seek full custody.
2007-01-11 12:48:44 · answer #4 · answered by Violet Pearl 7 · 0⤊ 0⤋
He needs to get a lawyer first. It sounds like they have joint custody of the kids with the mom being the custodial parent. a judge would have to change to custody arrangement to giving the mom full custody in order for the move to be legal but I believe she would have to prove that he is a dead beat and a danger to their children in order to do that. but first and foremost he needs to get an attorney
2007-01-11 12:49:21 · answer #5 · answered by Anonymous · 0⤊ 0⤋
get a good attorney, get something on his ex and her new boyfriend. he will need money to fight this in court, so he better start saving. maybe he needs to ask for custody. he could tell the courts that he feels the kids are in danger with the new man.
2007-01-11 12:47:37 · answer #6 · answered by jude 7 · 0⤊ 0⤋
He can and should fight against the removal of his children!! He needs to hire an attorney and go after primary physical custody!
2007-01-11 12:55:38 · answer #7 · answered by Starla_C 7 · 0⤊ 0⤋
The ex-wife has to prove she cannot find work here and has a better paying job in Hawaii. He has no worries.......she sounds like a flake.
2007-01-15 11:46:40 · answer #8 · answered by eubysgirl 1 · 0⤊ 0⤋
She can go to court and try to have the decision ammended, but she probably won't succeed. If she does do that, he can ask for full custody and will probably win!
2007-01-11 12:56:12 · answer #9 · answered by AnnieD 4 · 0⤊ 0⤋
He MUST get a lawyer....quick! If not, there's a chance that she will win......I sure hope NOT! That would be an awful thing for those kids. They need their Dad in their lives!!
2007-01-11 12:47:19 · answer #10 · answered by olderbutwiser 7 · 1⤊ 0⤋