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Want to move w child for new job, myself and husband

Discussion in 'Alimony & Spousal Support' started by casey4482, Feb 4, 2008.

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  1. casey4482

    casey4482 Law Topic Starter New Member

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    Thanks in advance for any advice. I'm quite ignorant on these topics and I really want to do the right thing here. My husband wants to move to another state in a few months and begin a fresh start. My ex currently has visitation 4 hours on Saturdays. I would like to move also because my company is willing to promote me if I move to this other state with my husband. Can a judge put restrictions on my husband not to move due to the court ordered visitation? I don't see how this is possible since my husband has nothing to do with this agreement between myself and the child's father. Of course, my child and I would go with him because I am his wife and its common sense we would continue to live together. I don't want the bio father involved in my child's life. I know that sounds terrible but my son is better off without knowing the guy. That is the bottom line and thats all that matters to me. His true father figure, my husband, is all my child will ever need. I'm sure others may disagree but its the truth and I can't be convinced otherwise. He's also illegal and from looking at others' thread posts, this seems to be a common situation. My question is if it is possible for a judge to put restrictions on my husband not to move due to the visitation agreement. It is my opinion that he can live where ever he wants because this is between the bio father and myself. And since I am his wife I would of course go with him and bring our son.

    Any input from you legal experts?
     
  2. seniorjudge

    seniorjudge Super Moderator

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    The restrictions are not on you or your husband; they are on your child.

    You would have to convince a judge that it is a good idea to not let this kid see his father.
     
  3. casey4482

    casey4482 Law Topic Starter New Member

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    do illegals have to pay child support

    My ex is an illegal. I was young and stupid and didn't know. As with all illegals, he works under the table so there is no proof of income. If I file for child support is there any chance I can get some financial help? Will he most likely receive more visitation hours if I file for child support. I was told that visitation and child support are completely separate from each other. This must be true because I haven't seen a dime but the courts still allowed visitation. But I've also been told that if I file for CS he can take me back to court for more visitation time and some stupid judge would actually grant it. That doesn't sound like CS and visitation are independent from one anther. So which statement is true? I'm on the brink of moving out of CA and going into hiding. I know I would never be found.
     
  4. casey4482

    casey4482 Law Topic Starter New Member

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    Is it possible to get a more in depth response? If the restrictions are on the child then that means the child cannot move by himself, right? But since the child is a minor he must go where his parents decide to live. I'm trying to understand but I'll need more than an anemic reply.
     
  5. casey4482

    casey4482 Law Topic Starter New Member

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  6. seniorjudge

    seniorjudge Super Moderator

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    1. You and your husband may move wherever you wish; the child may move only with court order or permission of both parents.

    2. If you skip this step, then that is called kidnapping which, as you may have read, is a felony.
     
  7. seniorjudge

    seniorjudge Super Moderator

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    I don't believe anyone here would care to help you break the law.:no:
     
  8. casey4482

    casey4482 Law Topic Starter New Member

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    You're right. I'm just venting. Lets say he were to abduct my child as he has threated to do in the past and flee to Mexico. What are the chances of him being found? What if he just moves to another states. How would I find him. He's an illegal with a stolen SSN!
     
  9. seniorjudge

    seniorjudge Super Moderator

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    How would anyone know the answers to your questions?
     
  10. casey4482

    casey4482 Law Topic Starter New Member

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    It sounds like the best choice is to work it our verbally and not involve the courts. He gets 22 hours a month so I could offer him 2-3 weeks once or twice a year when we return to visit family here in CA during summer and Christmas. What do you think?
     
  11. seniorjudge

    seniorjudge Super Moderator

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    What do I think about having a verbal agreement with a criminal?
     
  12. casey4482

    casey4482 Law Topic Starter New Member

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    well, the alternative is to involve the courts. And once they are in your life you'll never get them out. Right now the court order is very vague. If it becomes much more specific I feel there will be no undoing it. Thoughts?

    PS thanks for your replies.
     
  13. seniorjudge

    seniorjudge Super Moderator

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    I agree that if you involve the courts and the social services, they are very difficult to get rid of.

    However, you let a criminal father your child.

    Now you must do what is necessary to protect your child.
     
  14. seniorjudge

    seniorjudge Super Moderator

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    Please keep all your questions in this thread.

    Do not start new threads.
     
  15. casey4482

    casey4482 Law Topic Starter New Member

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    OK, thanks. I'm confused... The courts here in CA don't seem to care much about illegal status or kidnapping threats. The only thing that matters to them is that my son and his father share the same blood and to hell with his safety and welfare. Very frustrating. What grounds do I have to stop visitation based on his illegal status which is a federal crime in progress?
     
  16. casey4482

    casey4482 Law Topic Starter New Member

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    Any ideas on how to do that? Specifics?
     
  17. casey4482

    casey4482 Law Topic Starter New Member

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    Can someone provide any advice on this topic?
     
  18. seniorjudge

    seniorjudge Super Moderator

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    You must hire a lawyer (a family law attorney).
     
  19. casey4482

    casey4482 Law Topic Starter New Member

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    Thanks but I'm looking for advice. Not a reason to throw my money down the toilet on a lawyer. All they care about is their money and they get paid no matter how terrible their quality of service is toward the client. Can you provide some ADVICE?
     
  20. seniorjudge

    seniorjudge Super Moderator

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    Okay, I gave you advice.

    But maybe others have opinions too.

    So I will leave.

    :angel
     

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