Options if Husband wants to move kids out of state they were born in.
My question involves a child custody case from the State of: Montana
My husband, of 5 years, and I have two children together, ages 3 and 1. Both were born in Montana.
We have made 8 major moves in the last 4 years and my husband is about to quit his 10th job in that same 4 years. In those 4 years, he has been unemployed more than he has been employed.
We are still married, but I am unwilling to continue this lifestyle.
We are both from Oregon, which is where most of our family lives. If we were to separate, Oregon is where I would like to go because I would have family support.
He now wants to move to Colorado.
I know that as long as he is in Montana, I cant move the kids to Oregon without his permission (he will never give permission for that move).
My questions are:
If he moves to Colorado, what are my options with the kids.
Do they have to go to Colorado with him?
Can we stay in Montana?
Do we have to stay in Montana, or does that free me up to move to Oregon?
And lastly, If I do move to Colorado, can I move back to Montana or Oregon?
Thank you for your time!
Re: Options if Husband wants to move kids out of state they were born in.
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Quoting
hagen
My question involves a child custody case from the State of: Montana
My husband, of 5 years, and I have two children together, ages 3 and 1. Both were born in Montana.
We have made 8 major moves in the last 4 years and my husband is about to quit his 10th job in that same 4 years. In those 4 years, he has been unemployed more than he has been employed.
We are still married, but I am unwilling to continue this lifestyle.
We are both from Oregon, which is where most of our family lives. If we were to separate, Oregon is where I would like to go because I would have family support.
He now wants to move to Colorado.
I know that as long as he is in Montana, I cant move the kids to Oregon without his permission (he will never give permission for that move).
My questions are:
If he moves to Colorado, what are my options with the kids.
Do they have to go to Colorado with him?
Can we stay in Montana?
Do we have to stay in Montana, or does that free me up to move to Oregon?
And lastly, If I do move to Colorado, can I move back to Montana or Oregon?
Thank you for your time!
No, neither you nor the children HAVE to move to Colorado with him. You can refuse to do so and refuse to allow him to take the children with him. However, if he just up and takes them anyway (which he also has the right to do) then you would have to immediately rush to court to file for custody and to get emergency orders for him to return the children to Montana.
If he stays in Colorado long enough to establish residency there (at least six months) then you would also be free to leave Montana with the children.
If you move to Colorado with him, then you make it more difficult. Then he would be the one who could get emergency orders to make you bring the children back to Colorado.
Re: Options if Husband wants to move kids out of state they were born in.
Is this about an actual divorce or just a family divided as a result of financial and employment reasons?
Re: Options if Husband wants to move kids out of state they were born in.
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Quoting
Disagreeable
Is this about an actual divorce or just a family divided as a result of financial and employment reasons?
I think that she made it pretty clear that divorce is where she is heading.
Re: Options if Husband wants to move kids out of state they were born in.
Disagreeable, divorce is where I am heading. Does that change anything? I know divorce with kids can be a long messy process. I wanted to find out what my options are right now and avoid making a mistake, like moving to Colorado, if it's not in my best interest.
Thank you for your response llworking. It is very helpful.
Re: Options if Husband wants to move kids out of state they were born in.
Quote:
Quoting
hagen
My question involves a child custody case from the State of: Montana
My husband, of 5 years, and I have two children together, ages 3 and 1. Both were born in Montana.
We have made 8 major moves in the last 4 years and my husband is about to quit his 10th job in that same 4 years. In those 4 years, he has been unemployed more than he has been employed.
I made bold two points that i feel are important.
Over those 5 years have you held a job the majority of the time or have you assisted him in his duties as the primary caregiver?
As others have said, if you refuse to move with him, he can take the children with him. Then you will have to file with the courts to have the children returned and show why it is in their best interested to remain. Since he is the primary caregiver, the child are not in school and they extended family isn't in the same state, you will be hard pressed to show 'ties to the community', so this is a high hurtle for you to jump.
Re: Options if Husband wants to move kids out of state they were born in.
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Quoting
FatherKnowsBest
I made bold two points that i feel are important.
Over those 5 years have you held a job the majority of the time or have you assisted him in his duties as the primary caregiver?
As others have said, if you refuse to move with him, he can take the children with him. Then you will have to file with the courts to have the children returned and show why it is in their best interested to remain. Since he is the primary caregiver, the child are not in school and they extended family isn't in the same state, you will be hard pressed to show 'ties to the community', so this is a high hurtle for you to jump.
I disagree. This is a case where both parents have been residing in the same home with the children. Therefore I think that the moving parent has the higher hurdle.
Re: Options if Husband wants to move kids out of state they were born in.
This is Montana llworking, they are pretty move away friendly.
Re: Options if Husband wants to move kids out of state they were born in.
Quote:
Quoting
FatherKnowsBest
I made bold two points that i feel are important.
Over those 5 years have you held a job the majority of the time or have you assisted him in his duties as the primary caregiver?
Since he is the primary caregiver, the child are not in school and they extended family isn't in the same state, you will be hard pressed to show 'ties to the community', so this is a high hurtle for you to jump.
I may have missed it but I didn't see OP say that her husband was primary caregiver, just that he kept moving for new jobs which he didn't hold for long.
Re: Options if Husband wants to move kids out of state they were born in.
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Quoting
drthyrd
I may have missed it but I didn't see OP say that her husband was primary caregiver, just that he kept moving for new jobs which he didn't hold for long.
I agree. The poster made the assumption that because he kept losing jobs that he was the primary caregiver. That is never a wise assumption to make.