Moving/custodial parent

[Angelseeker]

I divorced my ex-husband a little over 7 years ago in Las Vegas, NV. He did not fight me for custody of our two sons, stating that I would be the better parent. Less than a year later my ex told me that he was moving back to our home state of Florida. Within a month he was back home and I made concessions for the boys to fly back and forth on Spring Break and the time between when school ended and began for summer. I remarried 4 years ago and a year after we married, we moved back to Florida because my dad was ill. We settled in a little city about 1 1/2 hours away from my ex, because we could afford to buy a house here. In the three years since moving here, we have been financially devastated. Last week my husband was offered his old management position back where he worked in Las Vegas. He will be making 2 1/2 times more than he is making here. We spoke with my boys, and to my surprise they wanted to move back there to be near thier sister (who is an adult) and thier friends. My youngest has refused to see go on visitation with his father since he turned 12 almost a year ago. My 15 year old goes to visit his father about once every five weeks, on Spring Break and all summer. When we told my ex, who is well aware of our financial situation, he threatened to fight me so I couldn't leave the state. He talked to my oldest boy, who assured him that he was not coerced into wanting to go back and my ex has backed off a little on fighting for custody. To compound matters, my ex was arrested this weekend for what started as a minor traffic disturbance, in which he got out of his car and yelled at a cop, to being charged with resisting arrest and battery on a police officer.

To make a long story short, all of our custody paperwork is still in Nevada. My husband is leaving this week to start his job and I am staying here with the boys until the house sells. Although my ex has more pressing legal matters right now, I don't trust him. I am afraid that if I leave the state with the boys to go back to Nevada he will go to court and say that I fled with them...although I have informed him of exactly where we are going. Should I file change of residence paperwork here in Florida, just to cover me taking the boys back? Or because the paperwork is still filed in Nevada, can I just go with his verbal permission and he will have no legal recourse? He barely sees the youngest anyway, and he will see the oldest only about 10 days less a year if we move.

 

[Duranie]

Even thought your paperwork is out of NV, the father is in FL and the distance now makes it so that he can see the hchildren regurlarly.

He does have the right to dispute the move. If the boys want to go, then you might have a good shot of doing it. I would NOT just get up and move, I would file a motion in court, however I believe NV still has jurisdiction. You do not want to transfer jurisdiction if you are moving back to NV anyways. You are best to see an attorney to see how to go about this.