My 3 children and I live in Missouri. I recently remarried. My new spouse is in the military and has gotten orders that require us to move to North Carolina. My ex-husband knew this was a possibility and he agreed to this when we divorced, signed the papers and it is filed with the court and everything. we even have an alternate visitation schedule for out-of-state moves. Now it is time for us to move and he is saying no, I can't move with the kids. What do I need to do? Can I still give him the proper notice and move because it is already ordered in my divorce decree or will I get in trouble for doing so?
2007-10-19 09:38:13 · 11 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
If the divorce decree says you can move, then you can.. The only way your ex can stop it is to petition the court and ask.
I hope everything works out.
2007-10-19 09:50:31 · answer #1 · answered by letterstoheather 7 · 1⤊ 0⤋
Double check with your local family relations office but I would say yes. Here in Ct. you can only leave the state with the kids if it's for a Carrier move for you or your new spouse. You still have to give him proper notice and he does have the right to contest although if it's in the decree then he really doesn't have a chance.
2007-10-19 09:52:30 · answer #2 · answered by Crazy Frog 4 · 1⤊ 0⤋
If your remarried legally and he is in the army theres nothing your ex can do. Go to your local courthouse or to a lawyer and find out if there is any paper work you need to file to make it so you can. I doubt if that ever went to court your ex will win over your now husband who serves in the military...But in all aspects think how he feels you are moving his pride and joys away. It is kind of not fair to him or the children especially if they are close.
2007-10-19 09:51:48 · answer #3 · answered by youcandoit 4 · 1⤊ 0⤋
Yes he can stop you..Its a military move..the only person the military needs is your new husband not you and the kids. The courts can stop you. Your ex has to agree to let you move if he doens't.. You can not legally leave the state in which you have a custody in order by the court.
2007-10-19 09:43:45 · answer #4 · answered by Anonymous · 0⤊ 1⤋
Set up an appointment with the law department at your husbands base. Take all of your divorce paper work and let the lawyers take a look at it. This shouldn't cost a dime and they wil know better then any of us.
2007-10-19 09:48:35 · answer #5 · answered by jocln312 2 · 1⤊ 0⤋
He has the right to fight it in court if he wants to, but not verbally as there is an agreement in the Parental Agreement.
I advise you to contact the County Clerk for advise on the matter and/or the Sheriff Department. You may also find an attorney to be able to properly advice you, most lawyers first consultation is free.
Good luck
Good luck
2007-10-19 09:43:37 · answer #6 · answered by Blunt 7 · 1⤊ 1⤋
He can fight it, you can't take you're children too far away form dad. What you might have to do is have to pay for them to travel back and forth to see him. Sometimes a judge will agree to let the kids go with mom as long as she pays to assure the kids get to come back for visitation Good Luck
2007-10-19 09:42:10 · answer #7 · answered by Anonymous · 1⤊ 1⤋
read your custody agreement. usually u have to give the children's father around 6 weeks notice and then you can leave. check with your atty to be doubly sure. good luck!
2007-10-19 10:50:16 · answer #8 · answered by JEN 7 · 0⤊ 0⤋
Well
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Bye Bye
2014-09-08 11:28:51 · answer #9 · answered by Anonymous · 0⤊ 0⤋
It would seem that since he signed papers agreeing with the possibility that you may have to move....and the visitation arrangements.....I would think that the judge would take that into consideration....If he only merely said that he would agree....I doubt that you can take them out of state...
2007-10-19 09:46:43 · answer #10 · answered by Anonymous · 2⤊ 0⤋