I want to move out of state with my children

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heatherfry

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I will try to make this short and concise, but there's a lot to it. Thank you in advance for your help.

I have 3 daughters from a previous marriage. I remarried about a month ago. My husband is in the coast guard. He just completed school and was hoping to be able to stay in San Diego. However, the only openings available to him are on the east coast. There was nothing even close to San Diego. We chose Maine and he is moving there next month. I hope to follow with the kids once the school year is over, as we thought this would make it the easiest transition for the kids. Our kids are 8, 10 and 12.
My ex and I have joint legal and I have full physical custody. He does not want us moving. He sees the kids every weekend, for about 24 hours. He quit his job when our divorce was finalized a year ago. He has not been legitimately employed since. He has told me he will work 'under the table' for the rest of his life so he doesn't have to pay child support. (In the divorce, we established $700/mo. for child support. He's never paid.)
He does not have the means to care for the kids. He is living with his girlfriend, who has 3 kids of her own in a small apartment.

Also, we are currently going through a custody hearing. I requested supervised visits because he allegedly hit our daughter a few months ago. It was reported to CPS and is still pending the final hearing. This is also the reason we divorced, because he was physically abusive to me and the kids. However, I have never filed charges against him, there has never been a restraining order, and thus no proof of any of it. He has since sought anger management, domestic violence classes and therapy. I think that might be 'proof' enough of his abusive nature, but I'm not sure.

I think that's about it in a nut shell. My question is how do I go about moving to Maine? Is there some form or petition I need to fill out to move? What do you think the judge will say? What's the law in these matters?
Also, I'm scared to go to court. My ex is very persuasive and manipulative. I don't know what to say and what not to say to the judge. I don't want to come off as some crazy drama white trash story... But it is what it is. And I really think moving would be best for us all. Is it possible the judge will order me to stay?

I appriciate any and all comments and suggestions. Thank you.
 
You are going to have to prove that moving the kids that far away is in the cihlds best interest. I'll tell you, if Dad disputes the move and you have extended family in the CA area, you may have a long expensive legal battle ahead of you. You really should talk to an attorney.

By chance you are allowed to move, plan on paying for tranpsortation for 3 kids round trip so dad can visit. That can get expensive. Dad should not have to pay to see his kids when you are moving them 3000 miles away.
So honestly, unless you can work something out with Dad so that he will allow the move (and you are going to have to be VERY generous), you'll have to go to court.
 
I dont understand this, if there is a court order for 700 dlls. a mont, and He never paid, there is supposed to be a great debt, I don't know in California, but I can tell you some other states will put a warrant on him, because he has an obligation, no matter what, THIS CAN BE ON YOUR FAVOR....
 
I dont understand this, if there is a court order for 700 dlls. a mont, and He never paid, there is supposed to be a great debt, I don't know in California, but I can tell you some other states will put a warrant on him, because he has an obligation, no matter what, THIS CAN BE ON YOUR FAVOR....

Those "other" states are wrong. Failure to pay support is a contempt, civil. A minimal fine can be imposed, no jail time if defendant is pro-se.

In Wyoming, it is unconstitutional to revoke any license for child support/debt.

In Montana, they can fine you I believe $25-100. It is unconstitutional in Montana to jail a person for debt.

Section 27. Imprisonment for debt. No person shall be imprisoned for debt except in the manner provided by law, upon refusal to deliver up his estate for the benefit of his creditors, or in cases of tort, where there is strong presumption of fraud.
 
That's why I said check "if in California", I can tell from a personal experience, North Carolina, is taking my support from my check, I am paying 100 dlls extra for the arrears, and NOW they are taking 40% of whatever is left in my check, my ex-wife moved to OHIO and she had one of the kid called me when they already moved. I live in NY. But if in this case, the ex husband has a car or something of value, they can put a linen on it, and If She proves he never has pay support the judge is not going to be very happy with him.
 
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