I need to move my son and I out of state

[mcallisterd]

I have custody of my 7 yr old son. My ex-wife is an alcoholic who has 2 DWI's she received within a 2 week period and a domestic assault charge still pending in the courts. She also has been sent to jail for contempt by showing up drunk to court, twice. She can't hold a job, is involved with a loser of a boyfriend who has been known to do drugs. I don't drink or do any drugs. I live in Arkansas and want to move back to my home state of Illinois where I have family support to help me with my son. In Arkansas all that is here is her family who are heavily into drugs. The divorce decree states that neither of us can leave the county without the other's permission or a court order. She has unsupervised visitation with him since I work nights and can't afford a babysitter so she watches him at my apartment. I recently heard from her sister-in-law that my ex stated to her (while drunk) that she was going to just take him and leave the state herself. It was then explained to her that she would go to jail. My question is what is my course of action? Do I need a lawyer to go back to court, or can I just petition the judge myself? Can I just leave with him and file something in Illinois?

 

[Scooterdog]

You have to file a petiton in the homestate. You "Petition For Modification of Parenting Plan", file an affidavit with it, and a new parenting plan along with a proposed order. I have an excellent one I can email you if you pm me your email. (It covers everything, it's like 9 pages long, simple form , most of it's just questionis you mark the box.)

You don't need a lawyer, I'm sure she can'r afford one. You could shoot for full custody. If she has a boyfriend living with her, custody can change. As for her drinking, she a danger to your child, supervised visits only, approved by you.

All you have to know, is some procedure. She isn't going to have a clue, and if she shows up drunk or stoned, you will win right there! Even if she isn't messed up, she doens't appear to be smart enough to get up to par on the procedure of a hearing, just run her over and the judge will sign the order.

If you need anything more, just ask.

I forgot: Don't leave the state with him! That could cost you. Keep doing what your doing, just get the petition filed. The hearing will be scheduled sometime down the road. You may want to file a motion for discovery as well. The less she answeres to these things, the more motions you can make for a ruling in your favor. A lawyer will just cost you money and drag it out.

If you need examples of petitons, let me know, I can email them as well.

 

[Duranie]

You'll need to go to court. Be prepared to prove that the move is in the childs best interest, and no yours. Also be prepafred to work out a visitation schedule, and you probably will be responsible for plane fare for the child to see mom on visits.

 

[Scooterdog]

You'll need to go to court. Be prepared to prove that the move is in the childs best interest, and no yours. Also be prepafred to work out a visitation schedule, and you probably will be responsible for plane fare for the child to see mom on visits.

I don't want you or Duranie to take this wrong:

The mother is so far gone, you dont' have to justify anything more than "care for the child".

She's had her chances. NOw, it's up to you. Never get a laywer, you don't want that, you want to be able to provid proof, and you can win!

If you have any questions, please feel free to pm me, or post here. I will give you the case law to win!

You have already won, now its just a matter of putting it together for you. I haVE A Montana case, similar to yours, you can copy, and do what you want with it. Case law included. (My winning case by the way)

ANYTHING FOR A SINGLE DAD~~~~~~~~~~~~~~~~~:angel

 

[mcallisterd]

Thank you very much, both of you. I do already have full custody of my son, I just didn't know the law and what the procedure for moving out of state was. I can show that it would be in my son's best interest to move. I am from Chicago and all of my family is there. He spends his summers up there every year with his Grandma, Uncle and Aunt. They are a very good influence on him. His maternal Grandmother where we live very rarely sees him, she also is addicted to marijuana. His Uncle here is also addicted to it as well. They are my only support system in Arkansas, and I can't count on them for anything. My ex has already lost custody of her older son to his Father in Calif. I think I have a pretty good case and should be gauranteed the right to move. What should I do about hearing that she might take my son without my permission, I guess kidnap him? It is only a rumor I heard, but I don't want to ignore it. Thank you for all of your help.

 

[mcallisterd]

You're right. My ex is too far gone. She cannot hold a job, has been in and out of rehab and has a court date on Feb 7th to answer for all of the charges.

2 DWI'S, 2nd degree assault for hitting me in front of 4 officers (while drunk) and a failure to appear not to mention the 2 contempt charges. Do you think she could see any jail time?

Our divorce Judge was the same one who presided over her loss of custody for her older son to his Dad. She knows all to well her history with alcohol. I hope I can get in front of her.

My ex was not like this 5 years ago, something inside of her just snapped and she lost all control.