Dad going to Jail for violence what are my chance to move out of State w/children?

Question

My ex broke a protective order I had on him and is now going to jail for 6 months..
I want to move out of state to be with my family and to start a better safer life with my children. How hard would it be to modify the divorce decree on the circumstances?

I already have sole custody of the children. My only thing that is against me in in the decree it states I can not move out of Texas.

Answer 1

Depends on the state you live in but when I did it was just a matter of calling the county courhouse (where the divorce was decreed in)& letting them know I was moving & to where.

Answer 2

Depends on the state but for the most part once you go to jail you loose all rights of citizenship. Its not a matter of changing the divorce decree though. Request a seperate order giving you full custody. He has proven he is unfit to be a parent after having violated a protective custody order. Its a matter of record that he cant dispute. Once you have full custody granted by a judge he can not contest your moving out of the state. Just becareful when you do move. The new place doesnt have to respect a restraining order from out of state. Most places do but they dont have to and gaining a new restraining order is going to make your address or at least state public and he will be able to find you through that. Talk to your lawyer about getting full custody and move from there. Good Luck.

Answer 3

It should not be too hard if he is going to jail, but if the divorce agreement has certain stipulations then you'll need to get those adjusted so that he can't use anything against you.

I think it is a good idea for you to be closer to your family. You need a good support system and your children need healthy people in their life. Talk to your lawyer and go over your divorce agreements. Let him or her know your situat tion and then file a motion if needed. It should only take a few weeks to get something filed and reviewed by a judge.

Lastly, if your EX is unsafe and unhealthy then get out of there. Your concern should be for your safety and for the safety of the kids. Get some counseling for you and the kids and work on a better life. You'll have to work with the issues that brought you to this point so work on what you have to work on. Otherwise, these issues will come up again in the form of childhood depression, anger, and fears of rejection.

Good luck on the rest of your life. It sounds like you did what you had to do so keep hanging in there.

Answer 4

If your ex broke a protective order, then you can simply have the divorce decree modified without any problems. Make sure you look over it so when you go to a lawyer for help, you can easily tell what you want redone on the decree.

Answer 5

You will need to file a petition in the court of jurisdiction on the current order. While it may be incorporated into the divorce decree, it is likely tied into the visitation of the children. You may be able to consult with an attorney for a nominal fee in that respect. In any event, you will have to go to court to amend that order due to a change in circumstance. Depending on the wording of your current order, you may be able to handle this in juvenile court. Otherwise it will be circuit court. That he is going to be serving jail time for violation of a protective order should give reason enough to get your case on the docket. Now, you do want to stress when you file your petition that the reason you are requesting release to relocate to another state is that you fear for the safety of you and your children if you remain in the state (and have your ducks in a row when you go to court on what specific behaviors on his part lead to that belief) and that it is in the best interests of your children that you be permitted to leave the state. I wouldn't elaborate on going to be with your family, as the argument against that could be that if he could find you in your current state, he can certainly travel when he gets out of jail to where your family is.

Now, another issue that is going to come up is how are you going to manage his parental rights to see the children. My suggestion is that you also be prepared to answer that question before it is asked. The attorney you consult w ith can help you with that.

Call around to domestic relations attorney's and start with one that will give you an in office consult for a nominal fee.

Answer 6

It isn't hard to modify. If you have an attorney, let them handle it. If you don't have one, you can modify the paperwork yourself. Most states have Web sites where you can download the paperwork. When you petition the judge, let them know that you want to be closer to your family and give your children the opportunity to have a stable life. Your ex presumably already has a history of violence. It just needs to be brought up. I don't see where you would have any problems.

Good luck!

Answer 7

If there is a domestic violence shelter neaby they should be able to help you find an attorney relatively inexpensively to get the divorce decree changed so you can move. I think it is a great idea.

Answer 8

Is it in your decree that you cannot move out of state? Check with an attorney but I assume that you can move without his consent where he is in jail. However, when he gets out you will have to incur travel costs to help him see the kids I think.

Answer 9

sounds like a no brainer, he broke a protection order, and i would think just having one to begin with would say enough of the urgency to be able to move. go back to court for a modification of the decree. God speed!

Answer 10

go to the court while he is in jail and tell the court what he has done and you want to change the decree for your safety and your childrens safety and i don't think it would be hard at all.