relocation

[agoodfloorguy]

I live in Florida and want to relocate to Kansas with my two girls. The mother has been in trouble with the law several times and just got out of rehab. We are not divorced yet, but I have taken her to court for child support. She was ordered to pay starting Sep. 1, yet she still hasn't made a single payment plus she owes over $5500 in retro support. Since I am the primary residential parent do I have to file a Notice of Relocation? She doesn't have a place of her own and no vehicle to get the children anywhere. If I take them with me can I be put in jail even though I provide a more stable environment than she can?

 

[irish223]

You won't go to jail, but you could lose custody to the mother. You should get permission from the court before you move the girls out of state.

 

[agoodfloorguy]

There is no other court order besides the child support order. The judge didn't set up any visitation schedule. I also have documents showing she wasn't getting them to school and she got in trouble by the State. I also have the police report showing that when she had the girls she did drugs and danced around a trailer park nude knocking on peoples doors at 4 a.m. amongst other incriminating documents. The reason for this question is because I'm getting ready to get laid off from work and about to get evicted because she cannot fulfill her financial obligations. I have searched and there are more opportunities in my career field in Kansas than there are here in Florida.

 

[irish223]

Since you are the Primary Residential Parent, it sounds as though you do have a custody order. However, if you don't, I think you should get one, and request the relocation. You have a valid reason.

Without a custody order and permission from the court, your wife can take the children from you and return to Florida, and you would have little recourse.

Worst case scenario? Sure, but search some old posts to see how badly 'informal' custody arrangements can work out.

Good luck to you and your girls.

 

[Duranie]

You need to do this correctly. File for permission to relocate. If you can prove the move is in the kids best interest and necessary for you to support the children due to moms lack of support, then file asap and see if you can get an emergency hearing. Didn't your other post say that you wanted to leave the kids with mom? If you honeatly do not think the kids would be better off with mom then file to take the kids with you but be advised that since you are moving, you likely will be on the hook for transportation visits to mom.