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moving out of state and custody

i have 2 kids boy and girl 8 and 6. we currently live in ny. my ex only has supervised visitation currently. 1 hour per week. ive been laid off and my husband was laid off 2 weeks ago. we both are having a hard time trying to find new jobs. he has found a good one in another state but im not sure if i can move with the kids out of state. all i know is that things are getting harder and harder here. i should also mention that he owes me 25,000 in back child support and is currently not paying. does anyone know what i can or cant do in regards to relocating?

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Asked by Anonymous at 10:35 PM on Jun. 21, 2010 in School-Age Kids (5-8)

Answers (8)
  • Unless you have a specific court order stating that you can't leave the state, you should be okay. Call your family court to find out if you don't have your divorce/custody papers. I have moved my children several times for financial reasons and my ex has no say in it. I just have to tell him where they are. Also, if you can't legally move them, you can file with the courts for economic reasons. I'm a teacher and I've seen that happen frequently,espeially in the last year or two. Good luck!

    Answer by flgirl01 at 10:52 PM on Jun. 21, 2010

  • No, You have to go to court to modify the exsisting order and ASK the judge if you can move out of state. You just cant move out of state on your own, its gotta go through court!

    Answer by Anonymous at 10:56 PM on Jun. 21, 2010

  • Even though dad only has one hour a week visitation, it is in the court visitation orders. You cannot change the visitation set up on your own, ever. You will be help in contempt of court. AND,,your ex can file kidnapping charges against you for taking the kids out of state without his and/or the courts permission.

    Answer by Anonymous at 11:00 PM on Jun. 21, 2010

  • Anon, she may have still been planning to let him have his visitation. "Out of state" doesn't necessarily mean an 8 hour drive away.

    Answer by ohbladi at 11:09 PM on Jun. 21, 2010

  • still needs to be cleared with the judge, out of state is exactly what it says, its out of state. Each state has its own juristicion. If there are any problems with visitation or with child support, it goes back to the original state, unless ex has moved there too

    Answer by Anonymous at 11:18 PM on Jun. 21, 2010

  • oops sorry,,if ex moves there too,,then the whole case gets moved to the new state

    Answer by Anonymous at 11:21 PM on Jun. 21, 2010

  • Talk to the father and ask HIM how he feels about it. They are his kids too, and he has a right to a quality relationship with him. That should be your first step.

    Answer by Anonymous at 12:29 AM on Jun. 22, 2010

  • **with THEM

    Answer by Anonymous at 12:30 AM on Jun. 22, 2010

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