I want to move to Oklahoma where my family is but I have two children with a man I wasnt married to. He pays child support and sees them often. He is totally against me moving even though they want to go. I have no family here in Missouri and I am really unhappy. Is there any law saying that I cant move with them? Do I need his permission?
2007-11-04 04:28:04 · 10 answers · asked by justwonderin04 1 in Politics & Government ➔ Law & Ethics
You may move to OK. Your children may not move with you unless you get permission from the Court or the father agrees. He is actively involved in the lives of his children and pays support. By moving, you will be disrupting the parent/child relationship.
If you want to move with the children, file a petition with the Court seeking permission to move. Be prepared for Dad to fight you, and be prepared for him to be awarded primary custody of the children. If that happens, the children will stay with him, and you will get visitation for several weeks in the summer and holidays. If you don't think that's fair, then why would it be fair for you to do the same thing to their dad?
I hate to be harsh, but reality is that your children have two parents, and they deserve to have both parents in their lives. Your custody and support issues are in MO, and that's where those issues will be dealt with.
2007-11-04 15:32:57 · answer #1 · answered by Mama Pastafarian 7 · 0⤊ 0⤋
You indicated that he is paying child support. If this is true, there is a court order ordering such payments AND more than likely, an order that allows him visit rights. If that is true, YOU have to pentition the court indicating that you want to move. Then, a letter from the court will be sent to the father indicating IF he wants to 'fight' it, he needs to show up in court, but if he agrees, he does not need to show up.
If sounds like there may be a small battle here if he does not want this to happen.
Good luck!
2007-11-04 06:00:09 · answer #2 · answered by Anonymous · 1⤊ 0⤋
A friend of mine went through this, actually wound up in family court, although she was able to move, she has to pay to sent the kids from Ohio to Washington for 6 weeks ever summer and one week every other Christmas. She also has to pay for all the long distance phone calls between the ex and the kids, and believe me, the ex racks up loads of phone bills. But she doesn't regret it.
2007-11-04 04:34:08 · answer #3 · answered by NightOwl 3 · 1⤊ 0⤋
I believe there are such laws in some states. I seem to recall reading of cases here in California and elsewhere.
You should ask a family law attorney in your area for specific legal advice. Because you can bet the father will, and do you want to be unprepared? I am sure he will ask for full custody and then be willing to negotiate from there in court.
2007-11-04 09:25:58 · answer #4 · answered by Barry C 7 · 1⤊ 0⤋
Does your children's father have any custody? If so, unless you have a specific agreement, you can't take the kids with you. You really need to see a lawyer and speak to him or her about this matter. Since he does pay child support and sees them often, I can't blame him for wanting them around. They are his kids too. I imagine he'll fight you tooth and nail. He may even sue for custody. As I said, speak to a lawyer before you move. If you don't have some legal agreement with him, you may be in for a world of heartache.
2007-11-04 04:36:05 · answer #5 · answered by Elsie 5 · 0⤊ 1⤋
You need to check with your state laws, but if you where never married, then I don't think he has the right to keep you from moving. There could be an issue with visitation, but then he would have to go to court to establish that. I would make it so he could see the kids, on holidays and when they are out of school. They do need both parents, but he should have thought of that and married you.
2007-11-04 04:33:44 · answer #6 · answered by LIPPIE 7 · 1⤊ 2⤋
DO you have legal custody or are you just raising them? In any case I believe he can probably stop you from going if he really wants to get legal about it. I would hope for your sake and the kids it won't have to be like that. You should be able to find a reasonable way to work it out. They do need their father and if he is good for them which it sounds like he probably is they need to have ample visitation.
2007-11-04 04:42:31 · answer #7 · answered by poof10958 4 · 0⤊ 2⤋
What do you mean you have no family? You have two children that love and adore you, be happy with that until they are older and you can move without them.
2007-11-04 04:32:07 · answer #8 · answered by jmhtraining 3 · 2⤊ 1⤋
Well, they are half his, so you need a solicitor to sort it out.
2007-11-04 04:49:42 · answer #9 · answered by Montgomery B 4 · 1⤊ 1⤋
I would think you could go since you have no legal ties to him.
2007-11-04 04:30:44 · answer #10 · answered by Bitsy 3 · 1⤊ 3⤋