I am going through a divorce and have met someone out of state and I want to move 300 miles away with my 2 girls and I am wondering what people know about the laws and me moving my kids away from thier father. Assuming I get full custody is there anything he can do to stop me??? I will be contacting a lawyer, but just thought I would ask here first. the move is from SD so SD law applies.
2007-01-26 11:46:27 · 5 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
I did not meet him on the internet. and I also have many friends and family that live near where I plan to move to. I am looking on the correct way to move without getting stopped! If he really wants to see them more than every so often then he can move closer. His job is very flexible and I can't even get a good job close to where we are from. Hope these details help!
2007-01-26 12:10:28 · update #1
You can move before your ex files any paperwork to stop it, and once the paperwork is filed, he will have to wait on the ruling and see what kind of visitation he will get and what type of joint custody he gets or you get??? But this varies from state to state.
2007-01-26 11:56:52 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Sara, it's safer for you to just wait until you're granted custody. If you were to pick up and leave the state without giving him the option of seeing the girls he could make life difficult for you. He could possibly report the girls as being kidnapped which would open a can of worms for you that you just don't need.
Just wait until a judge grants you full custody and then you can take them wherever you want. You don't want to help his case though while you're in the process.
Also, remember this,.. he is their father and you don't want to take a child out of his life unless he's abusive or causing damage to the children some other way. Simply because you and he are not longer compatible and you can't see eye-to-eye doesn't mean you have any right to deny him to have contact with the girls. I would hope that you are not doing anything to spite him,.. it's wrong and you are in turn doing more damage to your children by taking them from their father and denying their interaction with him,.. not to mention moving them to a completely different area.
Think about how this will affect the girls before thinking about how it affects you.
2007-01-26 20:02:33 · answer #2 · answered by Justin W 2 · 1⤊ 0⤋
It really depends on what your divorce/custody arrangement states. It also depends on which state you live in. If you have joint custody BUT you are the primary parent you can move whereever you need to. If it was for work then there isn't anything you can do. HOWEVER if this is someone whom you don't know very well then PLEASE make sure you know what you are doing so you don't put your girls in danger! DO a background check on the person! You might not know everything about HIM!
2007-01-26 19:57:36 · answer #3 · answered by princessbummer 3 · 0⤊ 0⤋
first of all, you should come out and tell him of your plans. after all he is the father. you need to be up front and honest with him when it comes to the children, for not just your sake but for the girls as well. but, as to your question, he can stop you from taking the kids out of state.thats another reason you need to talk to him and come to some kind of agreement with him.now, you said you met someone out of state, did you by chance meet this man over the internet? why do i have this feeling that you did.
2007-01-26 20:01:30 · answer #4 · answered by here to help 4 · 0⤊ 0⤋
No , In most states you can't just move. You need to go through the court system. I also believe you ex husband has to aprove also.
2007-01-26 20:39:10 · answer #5 · answered by Fast Steve 4 · 0⤊ 0⤋