Divorce decree states I give at least a 60 day written notice. I gave that today ( actually ends up as 90 days, but anyway..) My ex is very upset, and is threatening to take me to court over the kids. they are 7 and 11) He is behind on support by 3 months, and I have been agreeable in regards to regular visitation. I will continue that, even though the distance ( 6 hours) will make a difference in the frequency and flexibility. But I am willing to work with it. His job usually only allows time for one weekend a month as it is now, so I could easily do that ...and more, if thats what he could do with the kids, they love thir dad. I will be going to where my family is, have more financial support, better educational opportunities for the kids, and a chance at something better. I will never keep him from the kids, but he is determined to make this a battle. THe divorce was bad too, I am so worried.
2007-03-13 15:31:10 · 7 answers · asked by B. 2 in Family & Relationships ➔ Marriage & Divorce
As long as the parenting time stays relatively the same - most courts will not have a problem with the move. It sounds like you are moving for all the right reasons and the court will approve of that. Make sure you have a good plan in place for how kids will get back and forth to dad, how they can talk on the phone, email, communicate with him on a daily basis if he wants. His being behind on support will be a non-issue for the court in terms of the move all though the fact he is not supporting them makes a good argument for why you need to go where you have more financial support.
Don't worry. Just present a reasoned argument to the judge about why the move is in the best interests of the kids and how hard you will continue to work to make sure that their relationship with their dad is a happy and healthy one.
Good luck.
2007-03-13 17:12:17 · answer #1 · answered by CV 3 · 1⤊ 1⤋
Dad has the right to go to court and fight it. In order for you to win, you’d have to prove that the move would be in the CHILDREN’S best interest (not yours).
I can tell you that the ‘better education’ argument usually doesn’t work. Sometimes, in rare cases, it does, but generally speaking, it doesn’t. You’d have to prove that the educational opportunities are truly EXCEPTIONAL. You also said that you’d be moving to where you family is, and while that might be better for *you*, it wouldn’t necessarily be *better* for the kids, because in the process it will separate them from their father. I’m not entirely sure what you mean when you say that moving will provide you with ‘more financial SUPPORT’ (because support is a different thing than income).
The bottom line is (again) that you’d have to prove that the move would be in the CHILDREN’S best interest.
2007-03-13 16:14:10 · answer #2 · answered by kp 7 · 2⤊ 0⤋
If the court gives you an ok, then there is nothing he can do to stop you. You are giving proper notice, and you have good reasons for the move. And he needs to get over the 6 hours away thing. The court will be on your side with this one....
2007-03-13 15:47:20 · answer #3 · answered by Ghost Writer 3 · 1⤊ 2⤋
it will be a battle
the guideline stating that you have to give a 60 day written notice is a formality to allow him to muster up legal help in order to block you from moving
i am sorry to tell you, but there is a chance that he may block you from moving
2007-03-13 16:43:40 · answer #4 · answered by zether 6 · 1⤊ 0⤋
it actual relies upon on what your custody contract says. in case you have finished custody of the infants, then you definitely could be waiting to go....if the contract says no longer something approximately vacationing or shifting out of state and you think of your husband will combat it you will would desire to return to court docket to amend the contract. in case you practice evidence your activity is shifting you to Florida, and the reward of shifting (i.e.having a activity, offering for the infants, and so on) then the choose will no longer likely end you from shifting. all your husband can do is supply his reasons for him wanting you to stay....
2016-09-30 21:37:24 · answer #5 · answered by ? 4 · 0⤊ 0⤋
Tell you the truth i wouldn't let my kids go either .Another truth i would and did tell my ex if she cant raise them if its to much on her then give them to me and ill do it and not charge a dime support. My only point was why make the kids suffer for our mistake
2007-03-13 15:42:50 · answer #6 · answered by Anonymous · 1⤊ 1⤋
there's no problem with you moving only 6 hours away when your ex only sees them once a month now; that is very doable.....talk to your lawyer....
2007-03-13 15:46:50 · answer #7 · answered by abc 7 · 1⤊ 1⤋