I am considering a move to another state for employment. I am looking for employment in Texas but I am open to anything in the southwest. I have custody of two children. How do I get these kids out of my state without my ex husband suing me for custody? I have a parental plan and it says you must notify the other parent if you move, but it does not say anything else. As a precaution I was considering buying a small house in Texas if that would make me a resident of that state. Any ideas on this one?
2007-09-04 07:23:37 · 8 answers · asked by Julie H 7 in Politics & Government ➔ Law & Ethics
That all depends on what the statues say in the state you live in or where the custody order was entered. In KS, a custodial parent must give 30 written notice of the move to the other parent that details the date of the move, the new address and phone number if known. This notice must be sent by certified mail. Some time a court will impose a requirement that the court be notified as well.
If you are moving and he is not happy about it, he will probably file a motion. Circumstances vary but I don't normally see a judge changing custody because of a move. You should speak to an attorney in your state about what to do.
Good luck
2007-09-04 07:33:09 · answer #1 · answered by hensleyclaw 5 · 0⤊ 0⤋
Child custody is not written in stone and therefore can be changed or challenged by either parent. If there is a parental plan in place and it states you must notify the other parent of a move, then go in front of a mediator with your ex-spouse and discuss how to handle the move out of state. As long as there is something in writing and the court and both parents agree to the move then you can move. Do not do it out of spite for the other parent because the court will come back at you. If you decide to move without notifying anyone you will be charged with kidnapping.
Please think about all sides and most importanly about what effects this might have on your children because they are the innocent ones who get hurt by spiteful decisions.
2007-09-04 10:42:23 · answer #2 · answered by Anonymous · 1⤊ 0⤋
I don't know what state you're in now, but generally you won't be able to move without the permission of the court that gave you custody. Odds are the court won't consider employment a good enough reason to move the kids away from their father, since you could find some sort of job in the state you're in now.
2007-09-04 07:29:15 · answer #3 · answered by Anonymous · 1⤊ 0⤋
You need the parents permission and then the courts permission. If you leave the state without written permission from the court you can be charged with kidnapping. Not a good idea.
By the way...why would you want to take the kids away from their father. That's another can of worms you're opening up. You may not need the father but the kids do.
2007-09-04 07:32:47 · answer #4 · answered by mrsdeli 6 · 1⤊ 0⤋
What makes you think that you can up and move your children away from their father just because you feel like it?
If your parenting plan says you must notify him then you must notify him, and if he decides to fight the move he has the right to fight the move. Your children are entitled to love, attention, and support of both parents -- you don't get to unsettled that on a whim.
2007-09-04 07:32:55 · answer #5 · answered by Susie D 6 · 1⤊ 0⤋
What you are considering is called "Parental Kidnapping" and your ex won't have to sue you for custody. He will get the children when you go to prison.
Now, would you like to tell us in what state you currently reside?
2007-09-04 07:41:20 · answer #6 · answered by hexeliebe 6 · 0⤊ 0⤋
You will have to clear this move with the court, the father is no doubt paying or going to pay child support, he has the right to visit his children, this move would be or could be a violation of his rights to see the child by placing an unfair financial burden on him to pay not only the child support but to pay transportation expenses to get to see them.
2007-09-04 07:41:20 · answer #7 · answered by sirmrmagic 6 · 1⤊ 0⤋
fact is she/he did no longer say Washington D.C. replaced right into a state she asked in what state that's in. which ability the place is it placed. and that i do no longer decide for to sound propose or rude yet we did no longer asked the guy with the "terrific answer" how existence replaced into there we asked in what state it is placed in. P.S. i be attentive to i myself won't get many votes or something yet human beings pass of song and began to communicate approximately how Washington DC wasn't a state and how it replaced right into a federal district. we must be attentive to WHICH STATE that's IN
2016-10-09 22:48:03 · answer #8 · answered by ? 4 · 0⤊ 0⤋