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moving out of state... a ??. long, sorry

Posted by on Mar. 4, 2013 at 11:02 AM
  • 13 Replies
My question is regarding custody. My oldest DD's father and I were never married, yes he did sign the birth certificate. We have been split up 4 years now, I'm married (not sure how relevant all this info is, just trying to give any details I can), we have never had a court ordered custody agreement, nor any child support. We have tried to keep a flexible arrangement, she is home with me the majority of the time though.
So, when we move (from NM to Okla), am I going to have any legal repercussions? from what I've read, there is nothing saying I can't take her... But, I'm not sure it could be that simple.
Truth is, her dad is pretty much worthless. Doesn't have a steady job, drinks and parties a lot, has no rules or discipline for her, doesn't take her to school if he doesn't feel like waking up, only ever has Ramen and pb&j for her... I could go on. Unfortunately, NM is a VERY pro Co-parenting state and I've had lawyers tell me that without solid proof of severe abuse or neglect,my chances of getting sole custody are slim to none.
I don't want to be stuck in this place forever. I want to go back to school, etc..
What do I do?
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by on Mar. 4, 2013 at 11:02 AM
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Replies (1-10):
scoleman828
by Silver Member on Mar. 4, 2013 at 11:03 AM
Bump!
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model1000mom
by Platinum Member on Mar. 4, 2013 at 11:05 AM
1 mom liked this

Lawyer. I suggest talking to an actual family attorney because it all depends on several legal factors.

BEXi
by BEXi on Mar. 4, 2013 at 11:05 AM

 You can take her, but just as you can take her with you- he can come get her and bring her back, without you being able to say anything about it. I would be careful.

s.osborne
by Gold Member on Mar. 4, 2013 at 11:05 AM

 I would take his worthless ass to court and get full custody. Then you can do whatever you want!

LizzieAnnesMom
by ☆Mrs.Winchester☆ on Mar. 4, 2013 at 11:06 AM
Consult a lawyer. If he finds out you are leaving he can get a lawyer and stop you.
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scoleman828
by Silver Member on Mar. 4, 2013 at 11:09 AM
I wish I could, but I've been told by a couple of lawyers already that it likely won't happen. Then, I'm court ordered to stay here because knowing his manipulative, lying ass, he'd make that a stipulation in the custody agreement.

Quoting s.osborne:

 I would take his worthless ass to court and get full custody. Then you can do whatever you want!

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WifeyC
by Platinum Member on Mar. 4, 2013 at 11:10 AM

You can move.  If he has a problem with it he can take you to court and try and fight it.

Do you really think he's going to do that?

scoleman828
by Silver Member on Mar. 4, 2013 at 11:12 AM
The last family attorney I spoke with actually told me I was better off not taking it to court. This was several months ago when I was considering getting child support from him because I was footing the bill for everything, including making sure she had decent food at his house. But, the attorney said that if he shows the judge he had interest in being involved with her life then he would be granted at least every other weekend and I wouldn't be able to move... It just sounds,risky to me though..

Quoting model1000mom:

Lawyer. I suggest talking to an actual family attorney because it all depends on several legal factors.

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scoleman828
by Silver Member on Mar. 4, 2013 at 11:14 AM
Possibly. If for no other reason than to make my life hell because.he's never been able to accept the fact that I moved on with my life. he's the type that will say he'll pick her up.from school, for example, then at the last minute call me and tell me nevermind, he can't do it.

Quoting WifeyC:

You can move.  If he has a problem with it he can take you to court and try and fight it.

Do you really think he's going to do that?

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WifeyC
by Platinum Member on Mar. 4, 2013 at 11:15 AM

There's no legal agreement keeping you there.

Quoting scoleman828:

Possibly. If for no other reason than to make my life hell because.he's never been able to accept the fact that I moved on with my life. he's the type that will say he'll pick her up.from school, for example, then at the last minute call me and tell me nevermind, he can't do it.

Quoting WifeyC:

You can move.  If he has a problem with it he can take you to court and try and fight it.

Do you really think he's going to do that?



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