I have sole, physical, and legal custody of my daughter. My new husband is in the military and we're getting stationed in Hawaii, can my ex husband stop me from taking my daughter with me. We have a very awful relationship, what do I need to do to make sure I can legally bring her with us? Help please. Real answers only please.
2007-01-12 15:39:54 · 15 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
My ex husband has local visitation rights.
2007-01-12 15:57:28 · update #1
My ex husband hasn't been in my daughters life since she was a year old and she almost 6 now
2007-01-12 15:59:46 · update #2
If your ex husband has visitation you will likely need his permission or the permission of the court to leave the state. If you move without the permission or order of the court, you could be required to return to the state with your daughter. You will need to file a motion with the court if your ex does not agree to the move. If he does agree, you should try to get this in writting. Since he has not exercised visitation your chances of winning on a motion to relocate will probably be pretty good. Good luck.
2007-01-12 16:11:08 · answer #1 · answered by Mos 3 · 2⤊ 0⤋
Just go to the courts and file papers for a change of domicile--you will have to state why you are moving--your new husband in the military--if you have legal/physical custody should be okay--the hitch is you have to be the one to make sure your ex has access to his daughter --you may need to pay airfare for reasonable visitation--I would think if your new hubby is in the military he has access to legal aide that could help you.
Personally I would just move with the new hubby and your daughter--you have full custody--act stupid like you didn't know--the courts really don't care about kids--just take care of her--thats what they ultimately look at.
2007-01-12 16:23:21 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I've been there. If you are the sole, physical and legal guardian of your child, then I don't think you have anything to worry about.
Your husband is getting stationed in Hawaii. I highly doubt the Judge will not permit this. It isn't as if you both just decided to move to Hawaii. If your husband's job, military etc is on the line, there isn't a problem.
Good luck.
2007-01-12 15:51:41 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Regardless of the relationship you have with you ex, your daughter has a right to have a relationship with her father. On the other hand you need to move on with your life and new husband. I suggest you
speak to your ex (or write a letter) coming from a loving place and ask his permission. Chances are if you ask he will feel he has some power and say yes and also assure him that you will promote a relationship with him and his daughter.
Good luck, I know ex's can be real jerks
2007-01-12 15:55:45 · answer #4 · answered by Soulfulgrl 3 · 1⤊ 0⤋
Check with your States Attorneys Office. You may or may not need permission from the ex. They should be able to help you out. I'm sorry but i just have to add this: What if the shoe was on the other foot? Would you want an ocean between you and your child. You say you have an awful relationship with your ex-husband but what about the childs relationship with her father? It's really about her feelings. you sound very bitter towards him and may have good reason but you shouldn't hold his daughter against him. It could come back to haunt you. Just something to consider.
2007-01-12 15:45:07 · answer #5 · answered by Anonymous · 0⤊ 1⤋
You have sole custody. The courts said so. And it doesn't matter what your ex thinks or says about it, the court order overrides him. Get ready to move, enjoy Hawaii!
2007-01-12 15:46:40 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Nope. He can not do anything. You have legal and physical custody. You may need to check into whether he can request a reduction in child support because of traveling expenses to visit his child.
2007-01-12 15:47:11 · answer #7 · answered by Nelly 2 · 0⤊ 0⤋
You need to call your lawyer and find out what the laws are in the state in which you got a divorce. You may just have to give your ex a notice that you are moving.
2007-01-12 15:45:33 · answer #8 · answered by Dyan 4 · 0⤊ 0⤋
If you have sole custody...I would think you could move whereever you want with your daughter.
I would consult a lawyer just in case before even mentioning it to your ex.
Good luck on your move :)
2007-01-12 15:43:57 · answer #9 · answered by Newmomofone 3 · 0⤊ 0⤋
I'm no expert, I only know that a friend of mine wanted to move across the country, and her ex-husband WAS able to stop the move! I was so shocked.........yes, he should have rights, but darn,for him to keep her from living her own life.........she had a good job lined up and everything........I hope this doesn't happen to you........
2007-01-12 15:46:21 · answer #10 · answered by blue 4 · 0⤊ 0⤋