I'll explain...you get divorced and you get the costudy of your kids but you want to go to live in another state, and your ex demands you to stay so he can visit his kids(supervised), because he can't travel a long distance to see the kids because of his job...can he obligue me to stay using a legal resource?..note:. he gets supervised visitation because of mental disorder(not severe)(and overdose of xanax) and drug use(not enough to be considered dangerous but just needs to be supervised during visitation)...can he demand me to stay?
2007-09-01 08:23:11 · 5 answers · asked by Carol F 1 in Politics & Government ➔ Law & Ethics
In most states, there are either laws prohibiting a custodial parent from moving out of state, or there is routine language inserted into divorce decrees requiring that.
Ultimately, the divorce judge gets to decide whether it is in the best interst of the children for them to be allowed to move or required to stay. The factors you mentioned about your former husband are some of the sorts of things a judge will consider.
The ultimate answer, though, is entirely up to the judge's discretion.
Good luck.
2007-09-01 09:19:45 · answer #1 · answered by BR 6 · 0⤊ 0⤋
Simple answer is YES he can force you to stay under the current court order. You cannot just leave and disregard the conditions of a court order. It will be a criminal action on your part. And...particularly so because he is under "court supervised visitation" which further limits his means to visit.
You will need to go back to court and file a petition for to set aside the original divorce decree with respect to custodial/visitation issues. You will need to show a compelling reason why you have decided to up and move.
According to your description of his mental state, he may or may not in future actions be deemed the same. Courts do like parents who play burdens on the non-custodial parent. Nor do they take lightly the financial burden it will place on the non-custodial parent when the custodial parent up and moves beyond a reasonable limit.
He has every right to visit his children. You cannot, by law, deny him that right. If he is paying child support, the courts will also consider the financial hardship if he has to travel to visitations. Hence, the court could feasibly reduce any support you are receiving to balance his costs. Or, you will be ordered to pay his travel expenses since you are creating the burden.
Every case is different and all judges do not ajudicate the same way. Some judges are jerks and others stick to the "letter of the law".
You should also know, that the jurisdiction will ALWAYS be in the same court as the original filings and decree was ordered. However, should you both leave that court's jurisdiction, then actions can be taken in the jurisdiction where one or the other of the parties to the origianl action now reside. Note: There have been instances where a parent has filed in their new jurisdiction, but the a good lawyer can play hell with it in the old jurisdicition as long as one party remains in old jurisdiction.
Please consult the attorney that represented you in your original case.
Good luck to you....:)
2007-09-01 08:51:58 · answer #2 · answered by Anonymous · 0⤊ 1⤋
If I have been you i could hire an lawyer ASAP. Do you have evidence of the threats he has made? Like voicemails, textual content textile messages, letters, etc. if so, shop those. you desire some style of evidence to teach that it extremely is certainly happening. If he has a court docket order to pay infant help and he's now not honoring this he could desire to be held in contempt of court docket. His visitation could desire to be decrease off till the time he will pay lower back all owed money and is lower back on course. those are issues your lawyer can combat for. in case you sense that he could bodily harm you i could advise you and your present day hubby look for out a Restraining Order against him. this way in the experience that your ex makes any marvel appearances at your homestead you've got him arrested, giving further evidence he's threatening you or violating court docket orders. sturdy luck yet get criminal suggestion suited away.
2016-10-17 10:02:31 · answer #3 · answered by ? 4 · 0⤊ 0⤋
He can request that you not be allowed to move out of State. You will be asked to explain why you want/need to move and the judge will consider the reasons and the benefits to the child/children.
2007-09-01 08:42:59 · answer #4 · answered by sensible_man 7 · 0⤊ 1⤋
yes he can ask the courts to order you to stay...now whether or not it is granted is up to the judge
2007-09-01 08:31:23 · answer #5 · answered by little78lucky 7 · 0⤊ 1⤋