The father pays support through the state, but since we are not yet divorced, there has not been a custody agreement established. Can I move without being charged with kiddnapping? I was hoping this would motivate him to divorce me, since I have tried through a paralegal but refused to consent to sign the papers. I have heard since we are still married and since I am considered the custodial parent for the fact that I have a car, and an apartment, and the childcare, and health care all set up, and he is ordered to pay child support, but there is no custody order by a court. I want to move by the end of the month, what can I do? I don't have enough time to go to court, and of course I plan on telling the father before I go, but can I get in trouble here? I am in Florida moving to Illinois. I don't want to go to jail, but I don't think its right for this bum to keep me living in this small crappy town.... AHHHHHH! help....
2007-12-12 11:21:13 · 9 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
He can say that you kidnapped the kids. You have to tell him that you are moving away and your reasons must be justified for the judge to see it is okay. Other than that, he does have to pay you child support and it shouldn't take a child support order to get him to do such. He should volunteer to do it since the children are his responsibility.
I recommend you do a search on custodial and non custodial parents rights in the state of Florida.
2007-12-12 11:27:26 · answer #1 · answered by Sassy Shut Your Mouth 5 · 0⤊ 0⤋
In most states the custodial parent (which, by the way, you are not legally) has to give 30 days written notice to the non-custodial parent before moving out of state. This gives the non custodial parent time to petition the courts to not let the custodial parent rip the non-custodial parent's kids away. Why do you want to separate the kids from their father? Is he abusive? I don't get this attitude that so many parents have. You CHOSE to have kids with this guy and he is their FATHER. They deserve to have their father in their lives. So, you don't like the town you're living in..so what? I'm sorry, but when you have kids with a person you are bonded with that person for LIFE. how would you feel if your ex was "custodial (can I point out again that you do not actually have custody?)" and he decided to move halfway across the country with your kids because he didn't want to live in your "small crappy town" that he probably didn't have trouble with before you guys divorced. Grow up and think about the best interest of your kids. I am sure they would rather live near their father in a small town than live without him in a big one.
2007-12-12 12:53:24 · answer #2 · answered by aly_des 3 · 0⤊ 0⤋
ok, if he's trying to be a good parent by providing you with support, and you two are holding off legal proceedings, you two are still married and not divorced and there is no 'custodial parent' you BOTH are.
Why do you want to take the dad away from his kids? Ok, so you live in a crappy town, but how is this going to affect your children because you want to go...do you have a job in IL or just a new boyfriend there? You NEED to get your legal status in line BEFORE you move. Unless he's a danger to the kids, he's entitled to JOINT CUSTODY.
2007-12-12 11:29:14 · answer #3 · answered by Empress Jan 5 · 0⤊ 0⤋
You can call your local Police Department and find out your options.. you can also check with a local attorney listed in the yellow pages as giving free consultation.
In Illinois, I was not allowed to leave the state for more than 14 days at a time without giving the father the opportunity to visit (and he could keep our daughter for 14 days also) without having some type of paperwork like a court order or custody agreement to back me up. You can ask the court to allow you to move if you are not allowed to move now, but please check with some type of "official" legal entity before moving - us Y!A'ers mean well, but you need better advice than we can give...
2007-12-12 11:26:45 · answer #4 · answered by Wildflower 6 · 2⤊ 0⤋
Unfortunately,the law is what it is. You only have temp custody til a final decision is made by the divorce Judge. Since youve started a divorce against him,you will need either the fathers or courts permission to move otherwise he could have you charged with parental kidnapping to avoid divorce proceedings. Now you have to figure out which one is easier to get permission from.
2007-12-12 11:35:56 · answer #5 · answered by Arthur W 7 · 1⤊ 0⤋
If you were my wife, and pulled something like that last minute, I'd ask the court to take away your custody rights, and stop all support payments immediately. Then i'd take back my kids, and say to hell with you. Why? That's basically what you are saying to him. Fair is fair. The child bonds you for life, so either you both come to terms with a reasonable settlement or you duke it out legally.
2007-12-12 11:29:36 · answer #6 · answered by Thoughtful Mind 3 · 0⤊ 0⤋
I was in a situation like this. Me and my husband were not living together and our kids lived with me and I wanted to move but they wouldn't let me since we didn't have a divorce or custody case in progress. By TN state law, we both had equal custody of our girls. And they told me if I left with them he could get me for kidnapping. Even though he didn't support them in any kind of way.
2007-12-13 04:08:25 · answer #7 · answered by wolf lady 2 · 0⤊ 0⤋
nothing legal you can do until you have a divorce decree and custody papers in hand. even then, it has to be listed in the custody papers that you can move out of state with your child. he cannot refuse you a divorce. just file and get the ball rolling.
2007-12-12 11:53:08 · answer #8 · answered by racer 51 7 · 0⤊ 0⤋
My father moved out of state while i replaced right into a infant. i'd desire to tell you from journey that he won't be waiting to confirm your baby that for the period of lots of cases. Too many stumbling blocks will stand in the way.
2016-10-11 04:08:30 · answer #9 · answered by currier 4 · 0⤊ 0⤋