Need question answered about Child Custody!!

[spstorm]

Hello,
I am a single mother of two handsome boys ages 7 and 2. The children are from the same father but I was never married. I have lived in RI all my life. The father is court ordered to pay me child support but owes my thousands of dollars and only pays when he can. The father see's the boy's every other weekend if that. I will be getting married in November to a man who resides in Florida. I am not sure how easy its going to be for me, because the father doesnt want me moving away with his children. I talked to him about paying all the traveling and even giving him the summers and every other holiday...but he said no! He said he cant do that because he has work and cant take them for long periods of time. I have talked to lawyers, they tell me this kind of thing is never easy, but what are my chances???? I can prove that the move could be in the best interest for the children. We would no longer live in a small 2 bedroom apartment, me work 52hrs a week. When I am married we will live in 3 bedroom house, I can work part-time, schools are amazing, location is beautiful ect. is that good enough??? just worried dont know what to do ooohhhh yea father also has a case from Family Services filed against him for child alienation. Father used to be abusive to me in front f children, I never pressed charges so all they could do is talk to eldest son. My son told them things he saw, so they thought it would be in the best interest to charge him. please somebody help me with this advise. I dont know if getting married is going to ruin my chances of getting custody of my children, I will never give them up even if that means not getting married

 

[Duranie]

Nobody can predict what your chances are but Dad has the right to dispute the move. All you can do is go to court and fight it out and let a judge decide. The fact he was abusive to you doesn;t mean anything. You never reported it and cannot prove it, and that does not mean you get to move the kids out of state. You just might have to marry a man in state if the courts will not let you move.

What is child alienation? And family services does not file charges, the DA does. Since he has not been convicted of anything I am not sure if that means anything.

 

[spstorm]

Parental Alienation involves the systematic brainwashing and manipulation of children with the sole purpose of destroying a loving and warm relationship they once shared with a parent. I thank you for your quick response. Im not sure who exactly charge him, but I know its a case thats been filed against him. I would love to get married to this man but dont want it to hurt me in a child custody case. I am all about supporting a relationship between the children and the father, I am willing to provide the father with lots of visitation and to pick up on the traveling expenses 100%. What I really want to know is if I marrie this guy from out of state if its going to hurt my case?

 

[Duranie]

Marrying this guy out of state is not a guarantee you can move. Also Parental alienation is hard to prove and legally it only exists in a couple states. Normally family services does not charge anyone with PAS, the family court does and if you have custody anyways, PAS usually does not apply as it is the non-custodial parents who usually claim this.

All you can do really is see an attorney and hopefully convince the court the move is in the childrens best interest.