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Do I Need Permission to Move

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  • 12-13-2008, 10:58 PM
    hannahsmom
    Do I Need Permission to Move
    My question involves a child custody case from the State of: Rhode Island

    My ex had monitered visits for two months, & under my attorney's advisement I agreed for him to have weekly un-supervised visits, share holiays, etc., in late July. He has not seen her since the third week of August. The first month he missed because he cancelled, then just didn't show up again. Periodically he will call & harrass me, wanting to see my daughter, but I say no & tell him to take me back to court & then the judge will make me let him see her. During these calls he says he wants a paternity test, which I agree to but tell him he will have to pay for. He hasn't done it yet. He also threatens to give up his rights, to which I say go ahead. He is also extremely emotionally abusive. He knows I want to move & says he will never let me. I haven't received support since October, but I am working, going to school & pleased to say I am not on welfare. What's the worst case scenario if I just picked up & moved without going to court? Our agreement does not address the issue at all. Thanks for your time!
  • 12-14-2008, 05:22 AM
    LawResearcherMissy
    Re: Do I Need Permission to Move
    He doesn't get to "give up his rights" to try to get out of child support. He can bluster about that til the cows come home, but judges universally respond with a variation of "Grow a pair and man up, son."

    If your custody/visitation agreement does not address the issue of how far from Dad you may move, then you should be clear to move where you please. Run it past your attorney first, though, to save yourself additional headaches.
  • 12-14-2008, 04:41 PM
    Xena
    Re: Do I Need Permission to Move
    Quote:

    Quoting hannahsmom
    View Post
    My question involves a child custody case from the State of: Rhode Island

    My ex had monitered visits for two months, & under my attorney's advisement I agreed for him to have weekly un-supervised visits, share holiays, etc., in late July. He has not seen her since the third week of August. The first month he missed because he cancelled, then just didn't show up again. Periodically he will call & harrass me, wanting to see my daughter, but I say no & tell him to take me back to court & then the judge will make me let him see her. During these calls he says he wants a paternity test, which I agree to but tell him he will have to pay for. He hasn't done it yet. He also threatens to give up his rights, to which I say go ahead. He is also extremely emotionally abusive. He knows I want to move & says he will never let me. I haven't received support since October, but I am working, going to school & pleased to say I am not on welfare. What's the worst case scenario if I just picked up & moved without going to court? Our agreement does not address the issue at all. Thanks for your time!

    The worst case scenario if you move without permission would be that the court would order you to bring the child back.

    Whenever there is an existing court order, it's never a good idea to move without the other parent's permission, or a court order. You should first ask ex if he agrees, if he doesn't you should file a motion with the court.
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