Trying to move out of state

[Mallori81]

My husband and I have full legal and full physical custody of his two children, my stepchildren, and his work is looking to transfer him to another state. Right now the bio mother can only make phone calls to the children, as that is what she chose to have in the court proceedings. She abused drugs and alcohol and failed a mandatory drug test during the proceedings. I believe she had 6-12 months to get things going to get back into the kids lives, and it has been over a year and half since she has seen them. Since she, technically, still has parental rights, but we have full legal and physical, would we still have to notify her if we move? And the court, as well, I'm assuming?
Please help!

 

[CdwJava]

What do the custody and visitation orders have to say? I imagine it says something to the effect that the non-custodial parent must be advised of residency so long as she has visitation rights. There may even be a section restricting or preventing such a move.

Even if she has failed to abide by the conditions, your husband still must abide by the order as it stands. If he is in doubt, to avoid any serious criminal allegations, he should probably consult an attorney familiar with child custody laws in the state where the custody orders are in effect (which, I assume, is Nevada).

- Carl

 

[Mallori81]

I'd have to check, but Nevada is so lax about these things, and I honestly don't recall seeing it on the paperwork, which is why we wanted to see if this was wrong or right before doing the wrong thing. She does not have visitation at all, though

 

[CdwJava]

All the more reason to speak with an attorney on it before you do it. I would think it is a small price to pay to avoid the possibility of the feds showing up at your door investigating a possible child stealing case out of NV. I know in my state if you prevent a person who otherwise has visitation or rights to the children from seeing the children, you could be guilty of a criminal offense. I suspect NV has similar laws.

A consultation can probably put your mind at ease.

- Carl