I live in Washington state and I am planning on moving to New York (yes, it is a legitimate reason) and I heard that there is a way my babies' father can stop me even if I have custody... which I do. The babies (who are 2 years old) live with me 93% of the time, he only takes them on every other weekend, and sometimes not even then. I heard if he gets a parenting plan, I wont even be able to leave the county.That would really suck. Is there a way I can prevent this?
2007-08-31 19:30:49 · 24 answers · asked by fuqaree 2 in Family & Relationships ➔ Marriage & Divorce
Would you like HIM to leave you country with YOUR baby? No? SO what is the difference then? U both made a kid.
2007-08-31 19:33:07 · answer #1 · answered by Russian woman 2 · 5⤊ 1⤋
It really all depends on the state in most states this would be aloud as long as you still allow the father of your babies his visitation. He can contact an attorney an make it where the babies cant leave the county but he has to do so before you move and in most cases parents don't know that they have that right. But with ligament reasons for moving and already having custody most Judges wont stop you from moving
2007-08-31 19:44:53 · answer #2 · answered by ? 2 · 0⤊ 0⤋
If he doesn't visit much, keep track of when he does visit and call the kids.
Were you 2 married? What does the divorce decree state?
In MI is is standard that the children cannot be moved further than 100 miles from the other parent. But it can be heard in court.
You have to check with your state/county laws. Call your friend of the court. (Child support place) and ask them.
But if he doesn't have much to do with the kids, you should have no problem being able to move with them.
If you were never married, then he would have to file something in order to prevent you from doing this.
And he would have to have a REAL good reason why he doesn't visit them much now and in the past.
2007-08-31 19:41:06 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You should try to arrange this through the court system. I know it's a HUGE pain in the ***... however, you'll be thankful you did so in the future. You can explain to the judge your reasons for moving and he/she can work around that to modify the father's visitation rights. You also have to consider transportation, I've seen some cases where one parent pays one way and the other parent the other way.
Since you already have custody, making this arrangement should be a piece of cake.
Not allowing the parents to leave the country is a huge part in the family court system, because some parents DO take their kids outside the U.S. and never return. Try to see it from his point of view, just as easily as YOU can take the kids and run for the hills, so can he.
I strongly suggest you going into the clerk's office in your local family law court, they have tons of people to help you fill out the right forms to present to the judge when you ask to modify the visitation. Another good place to go when seeking help is the Public Law Center in your town, or the Legal Aid Clinics.
2007-08-31 19:38:36 · answer #4 · answered by gabster 3 · 1⤊ 0⤋
You could probably find a way to do this, but it's not a good idea.
If your ex is paying his alimony/child support and treating his children well when he has them, moving out of state is a pretty damn evil thing to do.
Seriously, divorce is hard enough on your kids, the ONLY legitimate reason to move would be if your husband was dangerous and abusive.
Washington state is not devoid of jobs, so DON'T pretend that New York pay bump is the issue & say "Oh, gee I hope you don't think this is me using our kids to stick it to you dear."
I recommend you stop being so selfish, and start putting your kids first.
2007-08-31 20:08:49 · answer #5 · answered by Phoenix Quill 7 · 2⤊ 0⤋
This is a very serious legal question that you need to ask a lawyer about, seriously!
My daughter's friend did not listen to me when she moved from one state to another and then filed for divorce.
She got the divorce alright, but her husband filed for divorce in the state she just moved from and was awarded full custody of the kids, as the state that the children were originally living in, held jurisdiction over the children.
You needed to live in the other state for at least 6 months before that new state had jurisdiction over the minors..
Talk to an attorney and he will research both state statues.
2007-08-31 19:39:11 · answer #6 · answered by kitty 6 · 3⤊ 0⤋
He can go to court and request an injunction from allowing you to move OR you can move, but you would have to turn custody over to him.
He has visitation rights - your moving, interferes with that. You will be in contempt of court if you do not file to move with the courts and have it granted before leaving.
You may have a legitimate reason for going, but he has a legitimate reason to be a father. He is 50% of those kids DNA...he has a right to be close to them.
2007-08-31 19:37:30 · answer #7 · answered by allrightythen 7 · 3⤊ 0⤋
He can get a court order to stop you. My niece's husband has a court order that under no circumstances is she ever the leave the state or move without his consent. You really need to think about your children and let their father be in their lives as much as he can. Children need to know that both parents love them. That is why there are laws like this to protect the other parent, and children's rights. You also need to be careful as he can fight you for joint or full custody.
2007-08-31 19:34:15 · answer #8 · answered by Sparkles 7 · 1⤊ 1⤋
I would say that the father still has rights.One of those rights would be fair access to his children. I don't know about the States as I reside in New Zealand;but I would say you would have to provide some very good reason to move.The children obviously need their mother, but can you not work out an amicable arrangement?
2007-08-31 19:38:25 · answer #9 · answered by Anonymous · 2⤊ 0⤋
First let me say how sad I am to hear that the father doesn't even pick them up on their scheduled visits. I grew up as a child without a father. He left me, and my brother as well. I can say as a child who grew up without her father it was very hard. I look back on it now and see that I always seemed to seek approval from ANY guy. He was a drunk....but as a kid I still loved him dearly.
I don't know your situation, but please think very hard before you take your children away. As bad as the parent may be, the kids will grow up with you and will live by the standards you set for them, but to have one parent missing may cause them to float thru life feeling like a part of them is missing too. Best of Luck to you!!
2007-08-31 19:40:27 · answer #10 · answered by lea24brooke 1 · 0⤊ 0⤋
as long as your court order doesn't state that you cannot leave the state you currently reside in, or the county you reside in, you should be fine. however....if he doesn't want you to leave....he can drag you to court to prevent it. if you can prove to the courts that the move is beneficial to the children....and provide a healthy parenting plan, transportation costs (at least half) in leiu of the current parenting plan that will still give him enough time with the children as much as possible...then the judge can say yes to the move.
2007-08-31 19:36:51 · answer #11 · answered by Isabella S 4 · 0⤊ 0⤋