My ex refused to stop cheating so I divorced him. He is currently in contempt for non-payment of support. Now my lawyer tells me I'm not allowed to move away from my ex, since I have custody of our kids. How is this fair, especially if I cannot afford to live in the area my ex lives in?
2007-12-22 07:40:27 · 6 answers · asked by oneblackhorse 2 in Politics & Government ➔ Law & Ethics
I do NOT want to move out of state! I would like to move closer to my mother though who is 2 hours from here.
2007-12-23 07:18:34 · update #1
Unless there's a provision in the court judgment forbidding it, you can, providing you (a) have a good reason and (b) obtain permission from the court after giving notice to the other parent. Just moving away from your "ex" is definitely NOT a good reason.
** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **
2007-12-22 08:02:56 · answer #1 · answered by Anonymous · 1⤊ 0⤋
you are thinking of yourself, and not the best interest of the children. The courts are of the opinion that the children deserve to be raised by both parents. You don't have to live in the immediate area of your ex - you can probably live in an adjoining county at the furthest - or depending on your court's restriction, just somewhere in the same county. So it isn't like you can't move - you just can't move a distance that would end up changing your visitation.
Child support & visitation are two different areas of custody - and what happens with one does not affect the other.
2007-12-22 07:53:21 · answer #2 · answered by allrightythen 7 · 0⤊ 0⤋
This is not a law, it is a decision made in court. It can depend a lot on your potential for earning a living in the current area. At the same time, visitation arrangements will be made. My wifes kids spent 6 weeks of summer vacation with their Dad and every other Christmas break. We met halfway between the towns to transfer the temporary custody.
2007-12-22 07:59:44 · answer #3 · answered by sensible_man 7 · 0⤊ 0⤋
You and him did not get along, he is evidentally pathetic because he will not pay his support -- neither of these two has anything directly to do with children, and they have a right and deserve to be raised with the love/support of both parents. That means that location is important. Therefore most divorce/custody decrees have a limit on how far the custodial parent can move from the non-custodial parent without the non-custodial's permission or permission of the court.
2007-12-22 07:48:47 · answer #4 · answered by Susie D 6 · 0⤊ 0⤋
if you have a divorce decree with visitation, then to remove the children out of state would be problems without the courts permission
two avenues maybe either to petition the court to allow the move out of state, does happen or get your ex to allow you to take the child out of state for six months to which after six months you could move for custody order within the state you moved to if you live their for six months or more
this is general advice , if you do not like the advice of your lawyer seek outside counsel to see what your option are
2007-12-22 08:14:56 · answer #5 · answered by goz1111 7 · 0⤊ 0⤋
Too bad.
The father has just as much right of access to HIS children as you do. You cannot remove HIS children from the state without his permission.
It is fair because HE is the father of those kids; they have a right to see him and he has the right to visit.
2007-12-23 04:10:42 · answer #6 · answered by Anonymous · 0⤊ 2⤋