I was divorced 2 years ago and have a child. we have joint custody w/ me having residential custody. My fiance is in the army and is in another state. I was laid off from my job and cannot afford to live here any longer. I am in a small town with no jobs available. and want to move in with my fiance, since we will, eventually, be getting married. however there is a clause in my divorce papers saying i cannot move out of the county without court approval and i know my ex will not be happy. He has made my life hell the last 2 years. I am not doing this to keep my daughter from him. I plan to do everything i can to keep them connected even pay for transportation. My question is, how do i go about doing this without hiring a lawyer. being laid off, i am short on funds. I paid for the divorce., i cannot afford to hire a lawyer again.
Any suggestions are great. I co ntacted the district court and she gave me no leads. I just dont know where to start.
thanks for any input
2007-03-28 11:34:45 · 5 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Two ways here. 1. get written notorized permission from dad or 2. petition the court fr permission showing reasons , new visitation plan for dad etc. You dont really need a lawyer for this as youre only asking for permission and not rtying a criminal case. Really easy. Remember to also show why a move would be in the best interest of your child because the judge will really be looking for that. Its your choice as to which will be easier but I bet if you explain it to dad without the courts involvement he might just agree. Good luck
2007-03-28 11:43:38 · answer #1 · answered by Arthur W 7 · 0⤊ 0⤋
Move, get a job, hire a lawyer and go back to that county to file for a change in your custody order giving you permission to move. Nothing will happen to you legally just for moving and you should be able to hire a lawyer after the move and getting a new job within two to three months right?
If he is in the army and not able to exercise visitation, except for brief stints at home, then it shouldn't matter to him that you aren't in that town anyway. You shouldn't volunteer to pay for all the transportation though. That's could get expensive and there's no reason why he shouldn't have to pay his 1/2 of that. It's rediculous to expect you to live in the same time for the next 18 years just because it might inconvenience him a little bit, after all you have to work like most everyone else right?!
2007-03-28 11:55:07 · answer #2 · answered by StrawberryShortcake 3 · 1⤊ 1⤋
I am an attorney.
First, call up Ex and ask his opinion on the matter. DO NOT assume that he will be opposed to the idea. Ask Him first. In the event that he says no. then consider your options. Despite the clause in your divorce, most jurisdictions allow for the possessory conservator (the one the kids live with) to dictate the domicile.
Yes, you may have to emply an attorney, but you may be able to approach the court yourself.
Good Luck.
2007-03-28 12:27:04 · answer #3 · answered by Clay R 2 · 0⤊ 0⤋
you can represent your self in court and state your case but they can deny you if they don't feel there is a real cause and also when you state your reasons it may give your husband grounds to try and take her because he can state your not in any position to care for her and since you are not married they wont let you count moving in with a "boyfriend" even if engaged as a means of income so you may need to find another way by possibly talking with him if you can because even if you were married you would still need his permission to move with your husband i have known someone who did not want this to happen and she was told to make a choice to hand her son over to her ex-husband or follow her current husband but she knew the court order when she met and married this man and why should her husband lose out because she choose a life that could mean she would move! so you might want to talk with a lawyer if one in your town does free consultations or talk with your daughters dad and see if he can be made to see reason and agree to this especially if he knows that you will continue to bring her and so he wont be missing out on any of his time! good luck!
2007-03-28 11:45:01 · answer #4 · answered by peterpansdate 3 · 0⤊ 0⤋
Start by calling legal aide for help, explain your situation to them. They are there to help those in which cannot afford an attorney
2007-03-28 12:19:41 · answer #5 · answered by nickle 5 · 0⤊ 0⤋