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  1. #1
    Join Date
    Aug 2010
    Posts
    2

    Default Can I Move My Kids Out of State Without Their Father's Permission

    My question involves a child custody case from the State of: louisiana
    my husband and i have been seperated (but not leagly) for about two years now. we have two children ages 9 and 10. he is about 5 or 6 k behind in child support and pleaded guilty to physical abuse when i had to get a restraining order against him. there has never been any divorce proceedings or coustody except temporarily granted to me due to the restraining order. don't know if this helps but he has also never paid or filed income tax, and he has been working for more than ten years. right now i am homeless and living with my brother, my children and i have to sleep on the floor and couch. we live in Louisiana and i want to move to MO where a job and my own home is waiting for me. can i move the kids out of state without his premission? I dont have the money for a lawyer but i dont think he does either. If he tried to take me to court could'nt he get into trouble himself for childsupport and taxes?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Can I Move My Kids Out of State Without His Premission

    No. Visitation and custody are completely separate from child support and taxes.

    Please answer:

    How often does he see the kids?

  3. #3
    Join Date
    Aug 2010
    Posts
    2

    Default Re: Can I Move My Kids Out of State Without His Premission

    about every other weekend...but only when his girlfriend is around to watch them for him. i would agree to summer and holiday visits if i did move

    i guess what i really need to know is can he have me arrested for kidnapping? could i get into any legal trouble?

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Can I Move My Kids Out of State Without His Premission

    Technically you can move.

    And Dad can march right down to court and request the kids be returned to the home state.

    You really need either his permission, or permission from the courts.

    He cannot file kidnapping charges since they're your kids, but he can make your life hell if you don't do this through the proper legal channels.

    In other words...don't just up and leave because you could end up becoming the non-custodial parent.

    Be prepared to offer him a VERY generous visitation scheduled and bear the costs of ALL transportation to and from Dad's.

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