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Anyone know anything about custody orders??

Hello,
i have a custody order(from April 2007). the father of my child, has never followed it, doesnt pay child support and only sees her about once every other month(giving him the benefit of the doubt). i want to move out of state but the orders says i need to get his approval(he wont accept). times are hard and i cant afford rent, daycare and bills, but he wont even take her so i can save $540 a month in daycare. I have a job available, a place free of rent(with family) and the oppprtunity to go to school and finish my degree if i left out of state. I want to get a lawyer to take full custody, so i can leave. Does anyone have any tips, ideas or been in this situation...im scared that if i put the $ out for a lawyer and then the judge says no, ive run out of options....Or any ideas on my chances on getting to leave CA.

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Fireflie19

Asked by Fireflie19 at 3:07 PM on Apr. 5, 2010 in General Parenting

Level 1 (0 Credits)
Answers (8)
  • well, if he hasn't done anything for her and you or your lawyer can prove it, he's in contempt of court and it will help you BIG time.
    kyuteangl88

    Answer by kyuteangl88 at 3:12 PM on Apr. 5, 2010

  • get together with an attorney for a free consultation. do things right cause you don't want it to bite you in the ass later. when you have full custody father can still contest to a move, if you can prove it isn't to hinder the relationship with your child and father, but it is to better your child's and your life than you can have a chance. Just get together with an attorney do it up right so you don't have to worry about it anymore.
    Vanessa5842

    Answer by Vanessa5842 at 4:04 PM on Apr. 5, 2010

  • check out for free lawyers. Put your ducks in order. Document : payments, time with child, phone calls etc.etc.
    If its b/c of a job I believe you can ask for an emergency order and you should bring in documentation of new job and the cost of things in new location as well as a parenting plan. Be prepared for the POSSIBLITY (not for sure) of having to pay for all transportation costs etc.

    Def. do NOT move without permission of the court... that would put your custody not to mention even you freedom in jeapordy.
    GL
    (also try custody issues groups)
    MamiJaAyla

    Answer by MamiJaAyla at 4:09 PM on Apr. 5, 2010

  • Many family court lawyers give free consultations.
    Anonymous

    Answer by Anonymous at 4:59 PM on Apr. 5, 2010

  • i agree with the advice above, and if everything you said is true, then i would think you would have a good chance. it sounds like you are doing this to try to improve your child's life....and if you have better finances there, paying for transport when its his time, wouldnt be as big of an issue....plus if he was paying support i am sure that would help. ha ha.

    definately talk to a lawyer, but i personally think you have a good chance. as they said, definately document everything you can!
    aly38914290

    Answer by aly38914290 at 5:05 PM on Apr. 5, 2010

  • Get a free consultation and see what you need to do. A judge is most likely going to side with you if you have family where you want to go. And if it is to better yourself. Sometimes they can take custody from you if you leave with out permission.
    MommyB2010

    Answer by MommyB2010 at 5:29 PM on Apr. 5, 2010

  • All I know, is in Ohio, they cannot stop you from moving especially if it means a better life for you and your child.
    salexander

    Answer by salexander at 12:10 PM on Apr. 6, 2010

  • Thanks to everyone for your tips, i have an appt with a lawyer on thursday and have been documenting everything since last May(2009). You all have def given me a little more hope then i had before....thanks again.
    Fireflie19

    Answer by Fireflie19 at 5:05 PM on Apr. 6, 2010

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