Moving to Another Country

**starvingidol** · 01-12-2006, 10:18 AM

I have not seen my ex in about 3 years. My son sees him a couple of times of years, briefly when he visits his grandparents. My ex never worked while we were together, and has never given child support. He moved out when my son was about 18mos and i haven't seen him since. His parents were not willing to give me his information (address/phone). Because he didn't not offer child support, I was forced to move in with my sister and mother who lived out of state. He is in Daytona (recently found a valid address)and I am in Atlanta. My son is now almost 5 and I am in the process of finally divorcing and remarrying. My finance is from Ireland and we plan on living there after we wed.

My Ex In-Laws say that if I try to take him out of the country without my ex's permission it will be illegal. Is there something I can do? He's never called, or shown any interest. He has a sever drug/alcohol addiction and is diagnosed as schitzophrenic. Can I terminate his parental rights? I barely make enough money to support myself and my son, but do not care about receiving child support as I've never gotten it anyway. Any advice?

**Mr. Knowitall** · 01-12-2006, 03:12 PM

You'll need court permission to relocate the child's domicile to another country. You can discuss this with your divorce lawyer; it sounds like there's a good chance the court would permit it, given the facts you describe.

**ceara** · 01-13-2006, 10:16 AM

Actually, you can move the child wherever you'd like as long as your custody/visitation agreement doesn't contain a residential restriction clause. Your ex would have the right to contest the move through the court and you may be forced to remain in the state/county of jurisdiction until the matter is settled. The grandparents have NO say in the matter whatsoever.

**starvingidol** · 01-13-2006, 10:20 AM

My ex in-laws are also saying that they will file for abandonment and alimony on behalf of their son if I try to move. Can they actually do this? Or are they just trying to bully me?

**ceara** · 01-13-2006, 10:41 AM

They can't file for anything on his "behalf". They are blowing smoke up your butt! The best they could do would be talk HIM into filing and giving him the money to do so. However, his actions should carry alot of weight with the judge. You need to STOP allowing the children to vist with the grandparents IMMEDIATELY.

**starvingidol** · 01-13-2006, 10:57 AM

I'm afraid if I stop letting them see my son, that they will get upset and really push my ex into going to court. It's emotional blackmail.

**aaron** · 01-13-2006, 12:16 PM

If you want a guarantee that your ex-inlaws won't bring a frivolous action in the event that you try to move, well, we can't give that.

If you can't afford a lawyer, consult legal aid to see if they can help. Then, based upon a review of the language of the divorce judgment and custody order under the laws of your state, go through the necessary legal steps to relocate.

**ceara** · 01-13-2006, 12:19 PM

Even if he does, the burden of proof is on HIM. He'll have prove to the judge that the children moving to Ireland would interfere with his relationship with the children. Since he has no relationship with them there's nothing to inerfere with. It doesn't matter if your moving interferes with the GRANDPARENTS relationship. They aren't a party to the legal action. They could file for visitation, but judges almost NEVER give grandparents any rights unless one of the parents (their child) is deceased.

Since dad is showing no interest in being a father, have you thought about your new husband adopting them? Then your former MIL wouldn't even legally be a grandparent anymore.

**starvingidol** · 01-13-2006, 12:37 PM

My fiance and I have talked about it and he would love to. But I don't think he can unless my ex terminates his parental rights. I don't know how to go about getting them revoked.