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  1. #1
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    Mar 2013
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    Default How to Get Permission to Relocate With the Children Due to Fiance's New Job

    My question involves a child custody case from the State of: Nevada

    I have primary physical custody of my and my ex's child. My fiance recently found a job in another state that pays better and doesn't require him to travel as much as he is. We are planning to get married in May. What does this mean for me? Can I move with him after we get married? Would it be better for us to get married before he starts work or after? We are very concerned because we hear it can be very difficult for a family to relocate without good reason. Below is a list of reasons that it would be good:

    1) 20% increase in his salary for his new job. Also would be taking over his families real estate business...which is separate from the new job.
    2) My daughter is 4 years old, I would now be a stay at home mom with his new job.
    3) My fiance's job requires him to travel 4 out of the 7 days per week. His new job would only be 1 day per week of travel so it is an increase in family time as well as income.
    4) The new location is within 2 hours of both of our parents.
    5) My daughters father refuses to pay child support. I tried to garnish wages, but his company was bought out and I had to start the process over again.
    6) I would be willing to waive the monthly child support from my ex.

    I'm just really concerned that the judge would deny me moving to be with my husband now. He hasn't given the new company his official start date because we are trying to get this custody stuff figured out and how best to go about it. We think he should start the job before we get married. What are your thoughts.

  2. #2
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    Default Re: Fiance is Relocating to Different State for New Job.now What

    How much contact does Dad have?

    Remember, HE is your child's family.

  3. #3
    Join Date
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    Default Re: Fiance is Relocating to Different State for New Job.now What

    Would your new husband be willing to adopt your child, and will your ex give up custody? This would also release him from child support. Is this an option?

  4. #4
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    Mar 2013
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    Default Re: Fiance is Relocating to Different State for New Job.now What

    Yes, my fiance is willing to adopt my daughter.

    I left out one other aspect. My ex has a felony on his record for domestic violence against me. About 2 months ago, he became physical with my fiance. The police have since submitted a charge for misdemeanor battery against him and we are in the process of getting a TPO for my fiance as well (I already have a TPO in effect against my ex).

  5. #5
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    Default Re: Fiance is Relocating to Different State for New Job.now What

    You can read here:

    http://apps.americanbar.org/family/m.../june06dvl.pdf

    (It's still accurate for Nevada - if anything, since the article was written Nevada has become even more move-away unfriendly)

    - - - Updated - - -

    Quote Quoting kathy1981
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    Yes, my fiance is willing to adopt my daughter.

    I left out one other aspect. My ex has a felony on his record for domestic violence against me. About 2 months ago, he became physical with my fiance. The police have since submitted a charge for misdemeanor battery against him and we are in the process of getting a TPO for my fiance as well (I already have a TPO in effect against my ex).

    This doesn't help your case.

    And a stepparent adoption will NOT happen if Dad doesn't agree.

  6. #6
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    Default Re: Fiance is Relocating to Different State for New Job.now What

    Quote Quoting kathy1981
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    Yes, my fiance is willing to adopt my daughter.

    I left out one other aspect. My ex has a felony on his record for domestic violence against me. About 2 months ago, he became physical with my fiance. The police have since submitted a charge for misdemeanor battery against him and we are in the process of getting a TPO for my fiance as well (I already have a TPO in effect against my ex).

    I would look into adoption. He may accept it, if it relieves him of child support. You never know how people will react, when there's an incentive for saving money. The fact that he has been violent is all the more reason to move.

  7. #7
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    Default Re: Fiance is Relocating to Different State for New Job.now What

    Try, 8 weeks in the summer, alternate spring/fall break, and alternating Christmas and Thanksgiving each year. Offer a VERY generous parenting plan including perhaps Skype and telephone contact.

    Be specific.

    If you want to try and convince Dad to go along with a stepparent adoption, get married and stay married for awhile - the court wants to see stability. But this won't even enter the equation at this point, since you're merely discussing relocation.

    Then there are questions you and your new husband will want to discuss:

    If you divorce, would you be okay with HIM getting custody and you paying child support?

    Would he be okay paying child support for a child not biologically his?

  8. #8
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    Mar 2013
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    Default Re: Fiance is Relocating to Different State for New Job.now What

    Quote Quoting Dogmatique
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    Try, 8 weeks in the summer, alternate spring/fall break, and alternating Christmas and Thanksgiving each year. Offer a VERY generous parenting plan including perhaps Skype and telephone contact.

    Be specific.

    If you want to try and convince Dad to go along with a stepparent adoption, get married and stay married for awhile - the court wants to see stability. But this won't even enter the equation at this point, since you're merely discussing relocation.

    Then there are questions you and your new husband will want to discuss:

    If you divorce, would you be okay with HIM getting custody and you paying child support?

    Would he be okay paying child support for a child not biologically his?
    He cannot financially afford to care for a child for an 8 week period. As soon as I get his wages garnished for child support, insurance, garnishment for attorney fees, and garnishment for arrearages in child support, he will be about $500 in the negative each month. He won't be able to afford to put our child in daycare while he works...it just won't be possible. Also, with a continued history of domestic violence, his past history of being abused as a child, I don't see how the courts would agree that that would be in the best interest of our daughter.

    Also, my fiance and I discussed the divorce aspect. He said in the event of a divorce, he would not try to gain custodial rights over my daughter. If we had a child, he would pay child support for both kids as he has taken on the responsibility of my daughter if he does legally adopt her.

  9. #9
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    Mar 2013
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    Default Re: Fiance is Relocating to Different State for New Job.now What

    Quote Quoting johnb123
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    I would look into adoption. He may accept it, if it relieves him of child support. You never know how people will react, when there's an incentive for saving money. The fact that he has been violent is all the more reason to move.
    Agreed. Our move would relieve stress of of my life and my child's. As of right now, we had to have the judge order my ex to stay in his vehicle at a minimum of 20 yards and have our daughter walk to is vehicle. This is because my ex consistently has harassed myself and my fiance as well as been physical with my fiance. This has all been in front of our daughter. Our move would eliminate our daughter from being exposed to this.

    As for compelling evidence. If I don't have a job, and my only support is my fiances (soon to be husband's) income, then what am I to do? When we have our own child, that child becomes my daughters family. Would it be fair to keep her away from her brother/sister because I can't move out of state? Neither my ex-husband, me, or my fiance have family in Nevada. My move would put me within 2 hours drive of my parents as well as my fiances parents.

  10. #10
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    Default Re: Fiance is Relocating to Different State for New Job.now What

    The point is that your fiance isn't your daughter's family. She has a father, who has a constitutionally-protected right to parent his child - you're basically trying to alter that. The courts recognize this, and while in some states the burden of proof falls on the non-relocating parent, Nevada isn't one of them.

    You're not married, you have no job to go to - this isn't a compelling argument. Moving would eliminate your daughter being exposed to....what exactly? She's still going to be visiting Dad - likely on your dime, and for much longer periods of time.

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