Mom from MI wanting to move out of state

[Mom_from_MI]

I have just recently been denied permission by the courts to move out of State with our 2 children ages 7 an 10. I have sole custody,and I'm the custodial parent, they see their Father every other weekend. I plan on getting married to my Fiance who lives in Mass. how do I go about this, and can the courts still say no, I can not move out of state with the kids? we have done the whole divorce and the recent change of domicile with out lawyers and now I am just not sure what my next step should be. do I tell the courts when I am getting married, I have already told them in my second letter to the courts that I was engaged. Please direct me in the right direction as to what to do.....
thank you

 

[BayState]

I have just recently been denied permission by the courts to move out of State with our 2 children ages 7 an 10. I have sole custody,and I'm the custodial parent, they see their Father every other weekend. I plan on getting married to my Fiance who lives in Mass. how do I go about this, and can the courts still say no, I can not move out of state with the kids? we have done the whole divorce and the recent change of domicile with out lawyers and now I am just not sure what my next step should be. do I tell the courts when I am getting married, I have already told them in my second letter to the courts that I was engaged. Please direct me in the right direction as to what to do.....
thank you

The court isn't telling you that you can't marry and move to Massachusetts...They have ORDERED that the children can't be moved. It's a done deal unless you submit an appeal based on a MISTAKE in law that the Judge made. So move to Ma. and Dad gets custody, or not. Your choice.

 

[jacksgal]

Bay is correct but let me ask you something. How does your getting married make it ok to take children from other parent?

 

[Duranie]

You still do not have the right to take the children out of state. The court has already said no, so you either stay in state, or give custody to Dad. Just because you want to get married and move to another state does not mean the courts are going to allow it. Dad does have rights here. I have no idea why you think you can move the kids out of state just because you have custody?

 

[jharris352]

I tend to agree with Bay, Jack's Gal and Duraine, but I'm curious as to what the Court's reasoning was in refusing you the first time? It may make no difference, but sometimes the answer changes when a better question is asked. What did you ask the Court the first time? Why were you moving? If it was just because you were engaged and it would put an undue burden on your ex and his visitation rights, it's unlikely that the court will change their mind just because you now want to get married.

In the Court's mind, if you want this so badly, give HIM custody of the children and YOU visit them or have them visit you. Put that way, how important is it for you to marry him and move now? Maybe he can come to you.

 

[Mom_from_MI]

Thank you everyone for your reply's . I was asking the courts to move because of the lack of jobs here and my present job not having anywhere to go, like higher pay or position. I was going to have the visitation with their father to be over the summer break (3 months) we set our own visitation because of my ex's band. I was going to pay for the transportation 2 round trips and fly with the boys. I don't assume that I can move out of state with the kids just because I have custody, I was given sole custody by their father and the marriage is something in the future, and my fiance's Job is a lot more stable then mine is here. I ask only because I'm afraid that I have already burned the bridge as to filing an appeal. It is not so much the courts or the judge had made a mistake in the order, but the situation may change. And I guess I was just wondering if anyone has any idea if there is the possibility to be granted by the courts when I marry. And if I need to inform the courts about getting married as it gets closer. The boy's father won't take custody, says he can't afford them. I receive child support from him because he makes 30000 a year. The main points the courts said no where because I did not have a job on the table, and that my relationship did not seem long term. I hope I answered the questions posted to me. Thank you again for the reply's

 

[Duranie]

Well it seems that the courts reasons to block the move were legit. You right now have no job and no marriage. Sure you can try again in the future I suppose, nobody can predict what the courts will say.