Can a re-married mother take her children to another state if her ex-husband does not want her to? The father is thousands of dollars behind in child support, so does that make a difference? The children also are interested in the move, but they are only 14, so does that make a difference as well?
2007-08-29 10:25:44 · 9 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Depends on what your decree says. If you are moving for financial reasons- i.e. more money- nobody can stop you. If you are the custodial parent and he just has visitation then it is no problem. Keep in mind however, that if you are moving more than 100 miles away you two will be equally responsible for transportation of the children for visitation- less than 100 miles he will have to come pick them up and drop them off.
Their age will only come into consideration if you two have joint custody- then it would be appropriate to designate one parent as the custodial parent if you are moving- and the judge will listen to them as far as which parent they want to live with.
Child support will not have any weight in regards to this matter. You can however, file a petition for citation of contempt with the chancery court and go after him for that child support. Contempt is grounds for jail time- so if he is thrown in jail he can't see his kids or stop you from moving!
2007-08-29 10:57:57 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Well of course you can. This is America - you can do anything you want, and the man can do absolutely nothing about it except pay up to subsidize your bad decisions while you poison his own children against him.
The ugly truth is that more than 67% of marriages will end in divorce. 92% of the time it will be initiated by the woman for no other reason than she is “unfulfilled” – oh, and because she gets the kids, the house, at least ½ the assets and most of his future after tax income for the next 18 years. The man will get raked over in family court. He will lose the house. He will see his kids 2 out of 14 days (if the ex doesn't level unsubstantiated "abuse" claims.) He will be forced to hand over 40-50% of his take-home pay. If he loses his job due to illness or downsizing, the State will toss him in jail. While jailed the arrearage will grow and the state will charge interest. The State will revoke his driver's and professional licenses, make him virtually unemployable.
If you were to take up sky-diving, and the instructor informed you that 67% of the parachutes were defective, would you take the plunge?
The men’s Marriage Strike is alive and well, thank you.
nomarriage.com
2007-08-29 23:38:10 · answer #2 · answered by Chris 2 · 0⤊ 0⤋
It depends on how your divorce decree is written and if any stipulations are made in it. For instance mine says that I may pursue other opportunities outside of our area for financial gain but I have to give sufficient notice that I'm moving. The age may make a difference. In my state @ 14 you can say which parent you want to live with. The child support will most likely not make a difference in the court's mind.
2007-08-29 17:39:49 · answer #3 · answered by babyred 2 · 1⤊ 0⤋
Child support is NOT payment for visitation or for the ex to expect the children to remain in their home state. In order to be able to move the children you HAVE to go to court and get permission to do so and your ex has every right to fight against it. If you take the children without permission your ex CAN have you charged with kidnapping.
2007-08-30 00:35:09 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You may need to go to court and have the judge make a ruling. I don't think it matters that he is behind in child support but the child's wishes would make a difference.
2007-08-29 17:34:40 · answer #5 · answered by wannabhppy 3 · 0⤊ 0⤋
First of all because he is behing in child support does not give the other parent the right to move his children out of state with out his consent. if the children want to move with their mother its okay to. otherwise he would have to go to court to find the answer.
best of luck
2007-08-29 21:50:49 · answer #6 · answered by mmurray001 5 · 0⤊ 0⤋
depends on what the court order states..if it is joint custody you may want to look in your decree...but if she has soul custody she would be able to leave state with only a 30 day notice to the ex-husband
2007-08-29 17:52:56 · answer #7 · answered by Mindy S 3 · 0⤊ 0⤋
they can't be moved out of state w/o the fathers permission though, vacation time is different. i'm sure it says something in the divorce decree about it.
2007-08-29 17:46:50 · answer #8 · answered by racer 51 7 · 0⤊ 0⤋
If you have sole custody of the kids you can go but if its joint custody, you can not leave the state without his permission.
2007-08-29 17:31:52 · answer #9 · answered by Mean Carleen 7 · 1⤊ 0⤋