Moving out of state with children?

[alathe0001]

I have two children, 9 years and 6 years. I am the non-custodial parent due to a custody order that was put into place in 2004 because the judge did not have a choice because I was not in court. The visitation was I had them every other week from Friday to Tuesday and their dad had them every other week from Wednesday to Friday. Their father had another child with his wife and she then filed for divorce. My children's father sent my children to live with me in April of 2009 when his wife left and he has had very little to do with them and has not offered nor given me any support for them. He has his son who he had with his ex wife every other weekend and sees his daughters one saturday a month. Since his wife left, he has been admitted to the mental institution, has had a DUI, and now has three warrants out for his arrest for assault. Granted his mom gets them one weekend a month and that is the Saturday he sees them and his grandmother has kept them after school. I recently got married and my husband has been constant in my children's lives for 6 years and has been their main financial provider. He has been offered a job in another state and offered a signifigant pay raise including health benefits for my children and I. This will allow me the chance to complete vet school and I think it will be very beneficial to my children. Of course I would be willing to give their father visitation. Either all summer each summer and every spring break and every other major holiday and I would be willing to pay for transportation expenses. What do you think my chances of a judge granting me permission to move and full custody are?

 

[Proserpina]

Couple of questions.

How far will you be moving from Dad?

Did you ever modify custody based upon the children now living with you?

 

[alathe0001]

I will be moving to Kentucky which is about 8 1/2 hours away. I never got the order modified because I spoke to a lawyer and he told me that as of right now I had no reason to modify the order because the children were in my possesion and if he started to give me any trouble about the whole situation, then I could file a emergency temporary custody order and I could take it back to court. He told me not to "rattle his cage"

 

[army judge]

If you take the children without getting the custody order modified, you might be getting yourself into big trouble.

Seeking to modify the order wouldn't be considered 'rattling his cage', it would be adhering to the law and judge's order.

Speak to another lawyer and tell him/her what you set forth above.

Your reasons are sound.

You should be able to get the order modified, and avoid a kidnapping charge.


Sent from my iPhone using Tapatalk

 

[Duranie]

I agree you tecvhnically do not even have custody so that is a problem. Count on Dad asking for the kids back if you do move and when you tell the courts you want to move out of state, that might be an issue. Dad's DUI is irrelevent and actually most of what you posted does not matter. He is Dad and has a right to a relationship with the kids. In order to move, you are going to have to prove it is in the kids best interest. Also, were you paying child support to Dad? Do you expect him to pay if you have the kids? How is Dad going to see the kids and keep in mind should you be allowed to move, you might be responsible for 100% of transportation.

You need to see if Dad will agree to give you custody AND allow you to move out of state. You have 2 big hurdles to go over. If not then you may have a court battle ahead of you.

Your current state will retain jurisdiction keep in mind.

 

[Proserpina]

And, if you want the court to approve the move, you're going to have to show that the move is in the child's best interest. Not yours, but the child's.

I actually think you have a fairly good chance of the move being approved - but this will fall drastically if you don't follow the law (in other words, don't take them without approval from the Courts - or, even better, Dad).