There is no mention of stipulations in the divorce decree. We have joint legal custody but I am the primary with physical custody and final "decision maker."
2007-09-18 14:57:34 · 16 answers · asked by Rebecca L 2 in Family & Relationships ➔ Marriage & Divorce
I would say yes you can move out of state if you are the primary care taker.
2007-09-18 15:02:50 · answer #1 · answered by Teenie 7 · 1⤊ 2⤋
You do not mention why you are wanting to move out of state. First I would check my motives to determine if I am trying to separate my children from their father, am I going with another man and if so, how long ago was the divorce? Ages of kids? I don't know about all divorce decrees, but which parent is responsible to pay for the transportation for the children to visit their father, who is responsible for the drop-off and pick-up, etc... all change when one parent moves. Having "physical custody" is different than the rights and responsibilities listed in the decree.
2007-09-18 15:07:54 · answer #2 · answered by kat 1 · 0⤊ 0⤋
Well you don't have to have consent if you have full custody.
I'm not sure about the joint legal custody, but if he's mistreating them or you then I'm sure you can get that changed in court.
But on the other hand, it's very hard on the kids, I've been through it. My mom moved to Oklahoma with me and my brother when i was 2. I never have really got to know my father because of the distance ( he lives in California), and it still tears me apart everyday. It's hard to grow up fatherless but if that's what's best for your children then go right ahead always do what's best for them, trust me they'll respect you so much when they're older..
2007-09-18 15:05:19 · answer #3 · answered by AK 1 · 0⤊ 0⤋
I have primary custody of my daughter and joint legal custody. As I understand it, you can move your children to another state if you have a good reason for doing so. Better job, closer to extended family, etc. You should really talk with your lawyer first before deciding. You could open up a big can of worms if you don't have a legit reason for moving.
2007-09-18 15:06:45 · answer #4 · answered by Mark 1 · 0⤊ 0⤋
In my divorce decree the judge stated that if I can prove that i cannot afford to stay in the state and me and our son will be better off in a better envirnoment then i will be granted the right to move. But first i will ask my X for more money so i could afford to stay and have our son be close to him. If he is not a good father and you can prove it usually you can move out of state. Some fathers move because of jobs and other situations and travel long distances to see their children even fly back and forth, or the children go to dads on vacations and summer. if he is a good father and tries to support you and his child/children then i would stay by him and even get a second job while he watches our children. it is all according to the situation and to the laws. Good Luck..
2007-09-18 15:18:47 · answer #5 · answered by Anonymous · 0⤊ 0⤋
if you dn't have none of that stipulated in the decree then you can go and sometmes some people do let the spouse know but sometimes they dont' till they are gone. its up to you but i would imageine he will go back adn make you pay half way to send them i guess not sure but you can go and get moving now.
2007-09-22 13:54:13 · answer #6 · answered by Tsunami 7 · 0⤊ 0⤋
I believe in some states both parents have to get request from the other parent that they are taking the child out of the
state.This is a big thing if you will be out of state when it is
your ex husbands time to have the child.
2007-09-18 15:14:09 · answer #7 · answered by Anonymous · 0⤊ 0⤋
you will not be able to move your children out of state unless he has moved out of state himself, or unless you can prove to the court that you can establish a better life for them with out the father.
but if you can get your ex to agree with you then you don't stand a chance. I've tried, and this is what i was told by the courts in Wisconsin.
2007-09-18 15:23:18 · answer #8 · answered by tabatha 3 · 0⤊ 0⤋
If you have joint and you're the primary, you don't have to ask him but you should let him know as early as you can so he can prepare for the journeys to visit his kids. This is NOT for him but for your children as they have a right to see their parents as much as possible.
2007-09-18 15:06:57 · answer #9 · answered by Da B 4 · 0⤊ 0⤋
Well of course you don't have to ask him, honey. You're an American woman. You are empowered. You can do whatever you want and poison his own children against him and he has not say, whatsoever. It sux to be a male in America.
nomarriage.com
2007-09-18 16:31:34 · answer #10 · answered by Chris 2 · 0⤊ 0⤋
You should contact your lawyer because of the joint custody. If
you just take off, it can still be considered kidnapping because he does have partial custody.
2007-09-18 15:02:14 · answer #11 · answered by poemonkey1980 2 · 3⤊ 1⤋