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child custody

hey ladies i need your help my sis is about to go through a divorce but no papers have been filed yet and she wants too move (the father has never been involed until now 'cause he doesn't want to pay child support and is trying to hurt her) but she has been told that she can't move the girls more than 50 miles from him or else he can get her for kidnapping which is bogus if you ask me is there anyone out there who has been in a similar situation? what does she do? please help my sis and my nieces deserve so much better then what they have right now there has to be a way around this after all no papers are filed shouldn't we be legally able to move her own kids? thanks girls!

Answer Question
 
tasha080808

Asked by tasha080808 at 2:39 PM on Mar. 14, 2009 in General Parenting

Level 11 (539 Credits)
Answers (6)
  • It would be kidnapping by law, however, it's one of those laws that HE has to be the push behind it. Nobody will go seek her unless he pushes them to do so. She should file for support through the department of revenue once the court sets an amount. They will attach his social security number, so whenever he works, changes jobs, gets tax refunds, etc. she's assured her support. HOWEVER...if she does move and it costs him money to see the child, or that he doesn't get to see the child, the support can be drastically lowered.
    EireLass

    Answer by EireLass at 2:42 PM on Mar. 14, 2009

  • As long as there are NO court orders or papers filed, she can do whatever she wants. BUT once papers ARE filed he could make her move back OR the court could make an order. If she can get away with living somewhere else for 6 months to a year without anyone filing papers, then she would be able to file in whatever new county/state that she moves to. That would mean no child support till then though too.
    Fractal_mama

    Answer by Fractal_mama at 2:44 PM on Mar. 14, 2009

  • My husband took my daughter after I left him and would not let me see her or tell me where they were. The police told me that when there are NO papers then there is nothing that can be done. Even the amber alert told me the only way something could be done is if I got an EMERGENCY CUSTODY ORDER from the courts.
    Fractal_mama

    Answer by Fractal_mama at 2:48 PM on Mar. 14, 2009

  • At this point she can do whatever she wants, but it may not look too good in court. State laws may differ, but our law states that you can't move the children out of state without the father's permission through the friend of the court. She should sign papers ASAP. He should pay child support whether or not he sees the kids. The law states that the children have a right to be supported by both parents, however, visitation has nothing to do with support. He may be behind in support but will still get to see the kids. She should contact her county's friend of the court to find out the laws in her state. If he is physically trying to hurt her, she needs to file a PPO immediately.
    LoriW

    Answer by LoriW at 3:26 PM on Mar. 14, 2009

  • I think that the laws on this are different in different states. Her best bet would be to call the county family court and ask them what the law is where she lives.
    goaliemom93

    Answer by goaliemom93 at 9:20 PM on Mar. 14, 2009

  • If neither one of you have paper work stating who has custody you cant get in trouble for moving your children.
    Serenity417

    Answer by Serenity417 at 8:04 PM on Mar. 20, 2009

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