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we wanna move, but she wont let us?

Posted by on Apr. 3, 2013 at 4:38 PM
  • 12 Replies
Ok, my fiance has custody of his two kids: 9 and 10. Their mother is bad news. She's one of those in and out of the kids' lives kind of moms. She doesn't care, hardly ever calls then starts calling every day for a few months to make herself look good, then she stops calling for months and months on end. Recently, she's decided to be a part of their lives again (surprise surprise). She has contacted my fiance saying she wants 50/50 over the summer. He told her no and countered with a different deal giving her 40% visitation. She says if she doesn't get 50/50 than she's taking him back to court. (Which no normal judge would agree to 50/50 for her so were not worried).

Anyways, we've been talking to the kids about the idea of moving to north carolina. The state were in (ohio) is doing pretty terrible all around for jobs. We said in a couple years after we've saved up some money, were moving. Well, I guess the mother got wind of it and told my fiance that he can't move... what are the legalities to this? Will he have to take her to court? He gave her the 40% in plans to record each day she misses to prove that she doesn't see them with that amount so why give more etc? But I'm not sure if that would help our case with moving or not? We really want to move. The city were in has gone to hell... there are no decent spots to live without someone breaking into your house once every other week...
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by on Apr. 3, 2013 at 4:38 PM
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Replies (1-10):
rayroe2
by on Apr. 3, 2013 at 4:40 PM
just make a smart move.
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frndlyfn
by Platinum Member on Apr. 3, 2013 at 4:41 PM

What are the custody orders for the children?   The judge will most likely allow the move since you are trying to better their lives.  Talk to a lawyer in the county though for the specifics.

jackiewal10
by Gold Member on Apr. 3, 2013 at 4:42 PM

If she has no custody, she has no say.  Does she have any kind of legal custody, or is your DH the only one?  If she does, you might have to go to court, BUT if you can prove that your quality of life will be better in NC than in OH, MOST of the time, your move will be granted.  But, that could all be avoided if she has no custody.

polkaspots
by on Apr. 3, 2013 at 4:42 PM
Check the .gov site for your state and then check your city courts website.
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jackiewal10
by Gold Member on Apr. 3, 2013 at 4:43 PM

Also, if she know's you're planning to move, I would be a little leary of giving her any kind of custody/visitation that isn't drawn up on legal papers.  JUST in case she tried to do something funny.

Busymomma1988
by on Apr. 3, 2013 at 7:06 PM
She has no custody, at all... in regards to your other post about giving her visitation? I said the same stuff to him and he said "she not that stupid...she knows shell never see those kids again if she tries that" she has two others with no custody of as well so I don't think shed try to run with my step children because she cares about the other two a lot more...and she never has them all at the same time...


Quoting jackiewal10:

If she has no custody, she has no say.  Does she have any kind of legal custody, or is your DH the only one?  If she does, you might have to go to court, BUT if you can prove that your quality of life will be better in NC than in OH, MOST of the time, your move will be granted.  But, that could all be avoided if she has no custody.


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belindah
by on Apr. 3, 2013 at 7:19 PM
My brother has custody of his kids and their mom sounds like the woman you're dealing with. He moved across the nation with his kids and transfered the court proceedings he did go to the courts first though but it can be done good luck
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Busymomma1988
by on Apr. 4, 2013 at 12:36 AM
1 mom liked this
Thank you. That makes me feel better knowing someone else has gone through it and it turned out ok. :-)


Quoting belindah:

My brother has custody of his kids and their mom sounds like the woman you're dealing with. He moved across the nation with his kids and transfered the court proceedings he did go to the courts first though but it can be done good luck

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Elyssa414
by Bronze Member on Apr. 4, 2013 at 1:32 AM
In our state, we had to give the mom written notice of our intent to move and a proposed parenting plan, (what visitation she would have, if any, after the move). If she didn't like it, she had to take us to court. Otherwise, we were free to move.
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katiebeth1821
by on Apr. 4, 2013 at 5:08 AM

I check with a laywer you will probly have to go to court but you have a good reason and its in the best interest for the children and thats what the court looks at

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