....when you have joint custody with your ex-husband?
I'm living in this state only b/c he USED TO be a good dad. He's failing our children now and there is no reason for me to stay here.
My career would take off in a big city and they would do better if they were with me full time, no matter where we lived.
I guess I have to start legal proceedings, but how difficult will it be for the law to side with me if I have plenty of documentation on him?
2007-02-22 04:59:32 · 7 answers · asked by redslippers 4 in Family & Relationships ➔ Marriage & Divorce
I can tell you from experiencing it myself that the only way you will be able to take your children to another state is if your ex-husband agrees and the court allows it. I was going to move from MA to PA but my ex didn't agree to it and the court sided with my ex even though I was moving to a much better area and to a job that paid ALOT more. So I had to stay in MA on court orders not to remove the baby from state and was told that if I left with him after the ruling I would be charged with parental kidnapping.
Nowadays the courts are recognizing more and more paternal rights, they don't just side with the mother any longer and they make decisions based on what's best for the children, not just the parents.
I suggest speaking with your ex and explaing why you want to take the kids out of state and also hire a DAMN good lawyer. Good Luck!!!!!
2007-02-22 05:23:29 · answer #1 · answered by norali0116 2 · 0⤊ 0⤋
There are so many questions there that seeking legal help is the only answer. I am gathering that your divorce decree did not address should either parent move who gets custody and child support amounts...I would DEFINATELY start the proceedings before you pack up the kids and leave! The documentation will help, but may not be the only answer. You could also take your children to counseling if their father's "failings" are affecting them. Then you would have a counselor that could testify should you end up in Court.
2007-02-22 13:07:57 · answer #2 · answered by Jill R 3 · 1⤊ 0⤋
Unless he is a deadbeat dad, you will not be able to move the kids anywhere without his permission or the courts.
You can take him to court and prove he is not helping the children and that you can by getting a better job out of the state and make a better home for them.
Otherwise you are s crewed,
2007-02-22 13:10:17 · answer #3 · answered by Angell 6 · 0⤊ 0⤋
That depends on whether you CAN take the childre to a different state. If it states in the divorce papers that the children are not to be taken out of the state they resided in before you were divorced then you CAN NOT take them out of state whether it is for a job or anything else. To do so would be considered kidnapping in a court of law.
2007-02-22 13:03:15 · answer #4 · answered by Anonymous · 1⤊ 0⤋
with joint custody it will take a good lawyer to be able to move the kids out of state, typically the other parent would have to agree...but the court can decide otherwise....
2007-02-22 13:04:40 · answer #5 · answered by abc 7 · 1⤊ 0⤋
If you have documentation on him and you can prove that your situation and your children's will Improve, it should not be too difficult at all.
2007-02-22 13:03:12 · answer #6 · answered by Virgo 4 · 1⤊ 0⤋
if he pays support and has any type of visitation, you will find it really hard... get a good lawyer
2007-02-22 13:02:26 · answer #7 · answered by bronzebabekentucky 7 · 0⤊ 0⤋