I am divorced and I know my ex will not consent to me moving our child out of state. We live in Missouri, and I want to move to Georgia with my boyfriend. I want to move to primarily get away from all the worries I have here with my ex-husband constantly trying to control our lives, even though we have been divorced 2 years now. In our divorce papers, in the parenting plan, it says I have to have written consent from him to move our daughter out of state. Well, he will not consent, so do I have to go to court and if so what do I need to prepare myself for? Is there any chance the judge would say I can't move with her? He does have a long history of DWIs and drug position, would any of this past be helpful to me moving from him? If we have to go to court, what should I expect to have to change as far as visitation rights and child support, etc? Thanks to anyone who has any answers to help me!
2007-08-13 15:45:33 · 11 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
If he will not consent, you will have to get a court order allowing the move. Otherwise, you could be held in contempt which could include jail time, even though that is unlikely and you would most likely only get a fine. There are several ways it could go. You could be denied to move out of the state. You could be granted the move with stipulations for your ex to get longer visits and for you to pay a portion of the traveling expenses, like half of a plane ticket. Some of it depends on the age of the child, assets of the parents, etc.
2007-08-13 15:55:36 · answer #1 · answered by Jennifer C 4 · 3⤊ 0⤋
You have a huge chance of the judge telling you that you can't take your child out of state. The dad has every right to see the child just like you. The judge could make things worse by putting a stipulation on you. If you did move and take the child, your rights could be terminated by kidnapping.. I have been there. You go through the courts and do it right. That is the only choice you really have. Stay wise, your boyfirend will have to wait. The child MUST stay first and playing by the rules puts your child first.
2007-08-13 15:56:15 · answer #2 · answered by Anonymous · 2⤊ 0⤋
ok, stop the custody train and wait a minute!!! put yourself in HIS shoes for just one minute. Just pretend that He's the one with custody, and wants to up and leave the state with some other woman. Now you're gonna give up 95% of your visitation rights because of the FORTUNE it'll cost in order to see your child!!! divorce is bad enough without the parents acting like derainged lunatics going at each other like a starved dog to a ribeye steak!! why is it that the parents act more like children than the kids do when it comes to divorce??!!! they counter every idea the other has with the absolute opposite reaction just to spite them. And you know what? The kid isn't blind in all of this, believe me. That kid knows exactly what's going on and how YOU 2 are acting!!! Does that seem fair to the kid!!??? Well??? Does it?!?! If he's a bad influence for the kid and toxic to be around, you don't think he got that way overnight do you? I'm gonna go out on a limb and say....."NO"!!!! If you take the child and leave, you should forego any child support increases because you're electing for this change. It's not being required of you in order to live and breathe. I certainly hope this boyfriend of yours is worth all the heartache you're putting your child through!!!
2007-08-13 16:08:55 · answer #3 · answered by Anonymous · 2⤊ 0⤋
If you are movimg to get away from your ex, it may be difficult for you to go without a fight. If you are moving to get a better job, life, etc. (in other words not primarily to get away from your ex) then it may be easier for you to do. Speak with an attorney, though.
By the way, if he is that much of a deadbeat, it is best to seek to modify the custody arrangements (i.e. restrictions, supervision, non-harassment language) without moving.
Put the pressure on him and hold him to the parenting plan. True deadbeats cannot maintain themselves for very long.
Oh, and stop living with your boyfriend....judges generally don't like it when divorced parents shack up with the new squeeze. If it is serious, get married; if not, then move him out.
2007-08-14 05:32:54 · answer #4 · answered by DK 1 · 1⤊ 0⤋
I doubt the judge will agree to let you move your child out of state. And the fathers bad past is just that- the past. If he is getting into any more trouble you cant use his past against him. Does he have visitation rights? And how hold is your child? Have you thought how he or she would feel to be taken away from Dad like that??
Sweetie- I too am divorced and have a controlling ex who I wish I could move far far far away from. BUT I still live in the same town. Why? For our son. He needs us both.
2007-08-13 15:55:04 · answer #5 · answered by kaisergirl 7 · 2⤊ 1⤋
Well if he's paying child support than he has VISITATION RIGHTS. You can not take those rights away, and he does not have to pay you anything without visitaion.
Now I'm sorry to hear you're divorced. I think you should not move. Your boyfriend can wait. You and your exhusband should go to parent counciling or something.
Maybe he made some mistakes and wants to change. Maybe your boyfriend can try to move to your state. So your child will get to see her dad.
I just think you need to look at more options before you just cut your child's dad out of her life.
It's your life
2007-08-13 16:01:24 · answer #6 · answered by Anonymous · 1⤊ 1⤋
Judges have to be fair to both sides. As long as the court of jurisdiction feels that your ex-husband is entitled to visitation you won't be able to leave the state. If you can prove that his criminal behavior is harmful to your child you may have a chance to get his parental rights revoked. Incredibly, mere criminal behavior is not always enough to get parental rights revoked. Failing to pay child support, however, frequently is. If his parental rights are revoked it is unlikely that you would still be enjoined from moving out of state.
2007-08-13 16:00:55 · answer #7 · answered by No C 3 · 2⤊ 0⤋
Your going to have to prove to a Judge that your life over there will be so much better than your life over. But if he's any kind of a good father. I suggest you stay here. For your child sake. Esp for just a Boyfriend. You going to marry this Boyfriend?
2007-08-13 16:09:19 · answer #8 · answered by Anonymous · 1⤊ 0⤋
in case your sole reason is to flow with a boyfriend and get away probability is a decide will block you from going. His issues of the regulation, in the event that they have interupted and have been cases that he's along with his toddler that he positioned her in harms way and you will be able to instruct that (yet no longer likely the case or you will possibly have taken parent visitation away by ability of now) then you certainly might have extra backing onto a sympatetic decide. yet once you have been married (do no longer take my advice and get married on your BF in basic terms with the aid of fact I say so) and he had to flow with the aid of fact of artwork or relocation then you certainly've a extra robust threat. My greatest advice for you and that i won't be able to tell your age or your daughters yet do no longer flow just to stick to a boyfriend. (no longer likely the advice you opt to take heed to) Up rooting a toddler is authentic super to a toddler and if it doesnt artwork out with BF and you finally end up returned the place you have been or perhaps on my own in Georgia i will assure you he will take you to court docket and say you're undeserving and volatile. Be arranged for that threat
2016-10-10 04:33:57 · answer #9 · answered by hilderbran 4 · 0⤊ 0⤋
The odds that the judge will let you do that are next to zero. I wouldn't bother unless I had some convincing evidence of CURRENT abuse, for example he is abusing them during his visitation or something.
2007-08-13 16:46:02 · answer #10 · answered by Anonymous · 1⤊ 0⤋