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Visitation rights

My husband looks like he wants to leave but with our 2 kids and if he leaves he will be in ca. So would he get visitation if he just pics up and leaves? His only income is his disability of 850 a month mine is much higher $3500+ a month. Would he have to give me child support and if there were visitation right how would the court do that. we live in Hawaii right now and my daughter is in preschool and just stated her in martial arts class to so would not want to take her out of school for visits as that is a long way away. Also have to think of my 2 year son to who will start school this summer. I know I would get custody no doubt as he does not even want the kids he says and I think that is true(did say he would visit?). also I have the job, income and he does not drive right now so can't get them places etc.

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christy509

Asked by christy509 at 1:52 PM on Jan. 13, 2013 in General Parenting

Level 3 (13 Credits)
Answers (7)
  • You two would have to probably fly the kids back and forth to see the other parent. both paying half the way their.
    louise2

    Answer by louise2 at 1:57 PM on Jan. 13, 2013

  • This is a question for a lawyer. Id try to make him come to them for the next few years due to their ages and the fact hes not employed and is not tied to a schedule
    Nimue930

    Answer by Nimue930 at 2:02 PM on Jan. 13, 2013

  • If he's willing to move that far away from his kids, visitation is probably not a big priority for him. He will be awarded it but, probably won't use it much. Yes, he will have to pay child support.
    3libras

    Answer by 3libras at 2:04 PM on Jan. 13, 2013

  • Child support and visitation have no bearing on one another. Each are separate issues. You need legal advice before making any decisions.
    GrnEyedGrandma

    Answer by GrnEyedGrandma at 2:07 PM on Jan. 13, 2013

  • he makes 850 a month
    he will be paying barely anything
    but sounds like you do not need it

    the kids will stay with you ?
    is he going to ask court for time?
    so no court will split it when he is moving thousand miles away

    i am guessing (not knowing him) that if he is willing to move that far away, he is basically spliting

    call a lawyer, get the ball rolling
    OR call lawyer to find out facts in your state, and them let your husband file for his rights
    but might want to get the paperwork filed first

    call lawyer
    good luck
    fiatpax

    Answer by fiatpax at 2:16 PM on Jan. 13, 2013

  • I'm guessing it would all depend on the laws in your state.... If he does get court appointed rights, a lot of times, they will have you pay for airfare one way, and him pick up the other way. Not sure about child support.... as GrnEyedGrandma said... they are 2 seperate issues, but both will be decided by a judge/ magistrate... You def. want to get things set up legally though, that way you have answers, and something set in stone, so he can't come back on you about anything.. Sorry you're going through this, and wish you and your kids the best!!!
    HappyEndings

    Answer by HappyEndings at 5:11 PM on Jan. 13, 2013

  • This would be hashed out between the lawyers. If he is on disability he probably will not have to pay anything. How he will live on $850 a month is beyond me. If he does not want the kids but want visitation I can't see any judge denying him that right. Long distance is generally for a longer time, such as he gets the summer and you get the school time. But he may not want that long (which is sad) It still comes down to, some one has to transport the kids each way and the cost of all being transported is generally split.

    I have no idea of the laws in Hawaaii so as every one has said, seek out a lawyer and ask.
    Dardenella

    Answer by Dardenella at 5:35 PM on Jan. 13, 2013

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