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2 Bumps

I dont know if he can stop me...can he?!?

Our divorce was finalized about five months ago. He is in the military stationed out of state... our decree says u have to give two months notice of moving... which I have... he is threatining to take me back to court for our two year old son... I have a job waiting and a house with my fiance.. I also have full legal and physical custody... he is also threatening me with cps... with him already living out of state with his new wife can he actually stop my son and I from moving?!? I really would like to hear and unbiased outsiders opinion on this ...

Answer Question
 
kasiface

Asked by kasiface at 9:32 PM on Feb. 21, 2011 in Relationships

Level 2 (4 Credits)
Answers (13)
  • ~*Hugs*~... he sounds like he is simply stirring up drama, and if he does... make it clear to the judge he is only using the kid to control you!!!!
    MommaClark3

    Answer by MommaClark3 at 9:34 PM on Feb. 21, 2011

  • I dont see hwo he could.... unless he has reason to believe or facts to throw in court that show you are not a safe environment for the child...
    Manoella

    Answer by Manoella at 9:35 PM on Feb. 21, 2011

  • He can take you back to court and it will be up to the judge, so yes, in a way, he can stop you from moving.
    autbot

    Answer by autbot at 9:35 PM on Feb. 21, 2011

  • Not unless it says anything about one of you moving out of state in your papers. Talk to your lawyer and tell them what he's saying. I really think he's just trying to scare you but make sure with your lawyer before you move so you don't jeopardize anything. GL
    aheuszel

    Answer by aheuszel at 9:39 PM on Feb. 21, 2011

  • The thing is... it was getting so bad with him harassing me on the phone i started recording the convos... and now I have quite a few with him calling me and my so names and threatining us... the job I'm being offered is time sensitive and i must leave in may to get it... and its offering a lot more financially than I could get in my home state...
    kasiface

    Comment by kasiface (original poster) at 9:42 PM on Feb. 21, 2011

  • This may sound funny, but can you call his new wife and problem-solve with her? Calmly and woman-to-woman? Maybe you can remind her that her life will be less complicated when her husband lets you leave without a lot of fuss. She may be able to do something on her end, too. I am sure it is driving her crazy, as well.
    ImaginationMama

    Answer by ImaginationMama at 9:45 PM on Feb. 21, 2011

  • If you are moving out of state or further than the divorce decree states, he can charge you with kidnapping. Also, you need to check with the state that you are moving from. You may have to get their permission.

    In Illinois (where I was from), they require you to get court permission regardless of what is in the papers. It is a state law. I was moving only 20 miles away but it crossed state line. If I wouldn't have asked permission from the court, my XH could have me put in jail for kidnapping.

    Check your papers and consult a lawyer. It doesn't matter that he is remarried or travels for work.
    Jademom07

    Answer by Jademom07 at 9:47 PM on Feb. 21, 2011


  • Just to be safe talk to your lawyer.
    Tikismom

    Answer by Tikismom at 9:54 PM on Feb. 21, 2011

  • If you followed the guidelines and gave notice then he can't stop you. If you are worried then I agree with Tikismom and just ask a lawyer
    admckenzie

    Answer by admckenzie at 10:29 PM on Feb. 21, 2011

  • Just to be safe, i would contact a lawyer. My state has tricky rules on a parent leaving the state with a child. I would cover your butt to be sure. GL!
    buzymamaof3

    Answer by buzymamaof3 at 11:03 PM on Feb. 21, 2011

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