Moving to another state..

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mylittleone2000

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Hello. I am in the middle of a divorce and need some advice. The kids father went through drug issues about two years ago and decided to leave us instead of going to rehab. He has since been clean for a year, but I ended up having to get a restraining order initially. We went to court, where he did NOT show up, so the judge gave me temporary full legal and physical custody with visitation at *my* discretion until the divorce goes through. He has since then moved to Arizona away from them, and has seen them a total of two weeks in the last two years, and only because I put forth all the effort to take them there to see him. He calls about every three weeks.

I am doing the final divorce papers now, couldn't find him for a long time to serve him. I just recently decided to move to Florida in December. My question is, since he already moved away from us, is there any way AT ALL that he can fight me on moving and make me stay in Nevada when he doesn't even live here? I notified him of the move today, and also told him I will let him know when we get an actual address.
Thank you!

Andrea
 
He didn't even let me finish, he got mad and hung up on me. Needless to say, he has not been very mature about the entire thing. When I told him that he can still see them, it'd just be a 4 hour plane ride instead of a 5 hour drive, he said "don't pretend you wanna include me in any decisions, this was just a notification that you are moving". Also, does this count as me notifying him of the move, or does it have to be served or certified? Or does that even matter since he doesn't live near them already?

I just don't wanna move and find out he can force me to come back. This move is costing a lot of money and I would not be able to return right away or fight him from there, so I wanna make sure all my bases are covered.

My understanding is that because he's not involved and doesn't even live here, that it'd be VERY hard for him to stake a claim and stop me. But you know what they say about assumptions, so I wanted to ask here since you all seem so knowledgeable. Thanks!

Andrea
 
mylittleone2000 said:
He didn't even let me finish, he got mad and hung up on me. Needless to say, he has not been very mature about the entire thing. When I told him that he can still see them, it'd just be a 4 hour plane ride instead of a 5 hour drive, he said "don't pretend you wanna include me in any decisions, this was just a notification that you are moving". Also, does this count as me notifying him of the move, or does it have to be served or certified? Or does that even matter since he doesn't live near them already?

I just don't wanna move and find out he can force me to come back. This move is costing a lot of money and I would not be able to return right away or fight him from there, so I wanna make sure all my bases are covered.

My understanding is that because he's not involved and doesn't even live here, that it'd be VERY hard for him to stake a claim and stop me. But you know what they say about assumptions, so I wanted to ask here since you all seem so knowledgeable. Thanks!

Andrea
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Normally, since he already lives out of state, he couldn't fight your move but you would probably be ordered to pay for the majority of the travel expenses since you created the majority of the distance. But since he doesn't visit with the child really at all (very sad) I doubt you would be ordered to pay. You should perhaps have a VERY clear long distance visitation plan to present along with VERY CLEAR notification for when he will utilize his visitation. Perhaps you pay one way and he pays home. Again make sure it is very clear in the plan, with no ambiguity.
 
Thank you. How would I go about making a clear plan without him? He won't speak to me about this, so I'm not sure what to put in there. He also does not pay child support as he does not have a job anymore and it gets garnished, so I'm not sure why I would be required to pay for expenses when he doesn't even pay for his children.

But thank you all! This makes me feel better about leaving. If any judge tried to keep me in a state that's already 5 hours away from him after he left his kids and moved away, I think that's wrong. But it's so scary of an issue that you just never know so thanks!

Andrea
 
Any ideas on how to go about making a parenting plan without his input? Do I just give him certain times and if he uses them, fine. If not, that's fine too? Not sure how to do this. I support three kids on my own and cannot really afford a lawyer, as sad as that is. Cost is what kept me waiting this long to divorce. Thanks

Andrea
 
Get a free consultation

Last Friday, my son's mother took him to Oregon from Nevada without permission, moving there permanently (in her words).

I didn't know what to do initially but contacted a local Las Vegas lawyer who specialized in child custody and family law. This lawyer and all other lawyers we contacted provided a free initial consultation.

Try that with a lawyer or go to the Family Court (if you live in Las Vegas) on Thursdays for "Ask A Lawyer" where you can have one-on-one with a lawyer to get some questions answered.

Hope this helps!
 
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