out of state visitation

[agoodfloorguy]

I am moving to Kansas from Florida, I have primary residential custody of the two children. Because I don't have time to file notices and motions, not to mention its expensive to do so, I decided to give the ex-wife the option to keep the children in Florida. The questions I have are:
1: How can I go about getting a visitation order so she doesn't try keeping them from me?
2: Will the transfer of custody negate the fact she still owes over $6000 in back child support?
3: How difficult is going to be for me to get them back?
4: Should I have given her that option or just taken them since she has a history of substance abuse and has no place of her own to live?

I've had the children since she was incarcerated over 2 years ago and she has never paid any CS even though she was ordered to do so. I also plenty of proof that I provide a much more stable environment than she can.

 

[irish223]

I am moving to Kansas from Florida, I have primary residential custody of the two children. Because I don't have time to file notices and motions, not to mention its expensive to do so, I decided to give the ex-wife the option to keep the children in Florida. The questions I have are:
1: How can I go about getting a visitation order so she doesn't try keeping them from me?

You'll have to go back to court, change the custody order, then request the visitation you want.

2: Will the transfer of custody negate the fact she still owes over $6000 in back child support?

No, she will still owe the back support, but she will be entitled to get an order for support from you.

3: How difficult is going to be for me to get them back?

Probably very difficult. First, you plan to move them out of Florida when you regain custody. Then, you want to use the argument that you provide a more stable home. Leaving them with your ex-wife says that you believe she is a suitable parent, so why should custody be given back to you.

4: Should I have given her that option or just taken them since she has a history of substance abuse and has no place of her own to live?

I don't think you should have done either one. Don't you have any family you could have left them with temporarily while you request relocation through the court?

I've had the children since she was incarcerated over 2 years ago and she has never paid any CS even though she was ordered to do so. I also plenty of proof that I provide a much more stable environment than she can.

Which will mean very little if you leave the children with her when you move to Kansas. Will your ex go to court if you move the children? Can you work something out with her if you forgive the back child support? What if you agree to no support? Think outside the box. If you can come to some agreement, then you should be able to file it in court without too much trouble.

 

[ohiogranny]

You want to give custody to someone who has a history of drug abuse, and no place to live?? And yet you say you have a more stable environment and should have custody? Did I miss something?

If you give them up, don't expect to get them back easily unless Mom agrees. Courts don't want to uproot kids. Like someone said, if you think Mom is capable and give them to her, you can't argue she's not a good parent later.