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Hubby has custody...

of both of his children from a previous relationship non-married. The bio-mother gets once a week phone visitation. We want to move to another state during the summer and before school starts, but need to speak to an attorney about what our options are. Just curious...if anyone knows how this will work. If she wants to try to take us to court for monitored visits if we live in another state, how will that work. I don't believe she will be awarded any kind of non supervised visits,as she does not comply with court ordered child support or court ordered signing of release forms for my hubby...from a drug treatment program. Will he have to fly back if she wants to go to court again..or can we hire an attorney to appear for him or ??????

Answer Question

Asked by Anonymous at 10:58 AM on May. 24, 2010 in General Parenting

Answers (4)
  • As long as she has not signed over parental rights, you will have to get her permission or go to court. I would look into an attorney and they should be able to appear in his place if the need arises but do not move until you get this settled.

    Answer by Jademom07 at 11:00 AM on May. 24, 2010

  • I know things depend on your state, but until she writes off she still has rights. I have met other moms here in cm that have moved out of state and had to come back for legal matters such as court. Stay put till this is over.

    Answer by Anonymous at 11:05 AM on May. 24, 2010

  • You will need to get permission to move out of state, and you will have to show up for the court dates unless your attorney can stand in for you(such as something that isnt TOO major) and if she does get visits you will have to either meet half way or one time you guys do the traveling and the next time she will. Make sure you get everything court documented. And just because she doesnt pay child supuport doesnt mean that the judge wont give her visitation. It is stated(at least in my state) that child support is an obligation and doesnt have an effect on visitation. GL

    Answer by Anonymous at 11:13 AM on May. 24, 2010

  • Depends on your state and on his court order and the on what she chooses to do.

    IF your husband has a court order that contains a residential restriction then he'll have to go to court to get permission to move. If he doesn't have a residential restriction, depending on the laws of your state he may have to just notify her in time for her to file a hearing OR he may have to petition the court for permission even if it's not in the Court Order.

    Any way you slice it, the biomom has the option of filing an injunction against you moving. If you've tried to "sneak out" by not giving her time for a legal response, then you'll look crappy in court. Even though she's a waste of oxygen, the court will work very hard to preserve the parental rights she doesn't seem to give a crap about.

    I'd find an attorney, frankly.

    Answer by Avarah at 12:12 AM on May. 25, 2010

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