moving out of state with kids

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mdarb

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i plan on filing for divorce and my soon to be ex husband keeps telling me that i cant leave the state with the kids. i have no family here. all my family lives up north and im the one who takes care of the kids physically. hes controlling and only cares about is hanging out with the guys and go bar hopping while i sit here and take care of the kids.
 
He's correct, you can't expect to be allowed to remove your children upon filing a divorce action in Alabama.
He has the right to visit his children.
If you negotiate a settlement to move the children to Montana, for example, you'll have to pay transportation costs of the children for his visitation. This is a very complicated issue, and you need the advice of a licensed attorney in Alabama.
Until you've been educated about this, by an Alabama attorney; stop discussing it with him.
I suggest you discuss the issue of divorce with an Alabama attorney.
 
Without a court order preventing you from leaving with the kids there is nothing stopping you from doing so.
However, if he goes to the court for relief the kids would likely soon be returned to him.
It would be up to him to initiate that action and force the kids return.
It is less disruptive to the kids and generally easier to resolve these matters before moving.
You should discuss your plans with a family law attorney before you do anything.
 
Alabama treats relocation very seriously and, unless Dad is found to be abusing or neglecting the kids, the presumption is against relocation. Under Alabama law, BOTH parents here have the right to custody of the children. If Mom does not at the very least notify Dad, there's a decent chance of Dad being primary given that Mom is effectively thwarting Dad's rights.

http://www.womenslaw.org/laws_state_type.php?id=106&state_code=AL&open_id=all#content-4474

What Moose said would apply if the parents were unwed. But since they're married, Mom is taking a risk - even without a court order.
 
i plan on filing for divorce and my soon to be ex husband keeps telling me that i cant leave the state with the kids. i have no family here. all my family lives up north and im the one who takes care of the kids physically. hes controlling and only cares about is hanging out with the guys and go bar hopping while i sit here and take care of the kids.

The children have family in Alabama-their father.

Link to Alabama Code on Child Custody
http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/128972.htm

Link to Alabama Administrative Court site on Child Support:
http://www.alacourt.gov/ChildSupportInfo.aspx
 
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