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  1. #1
    Join Date
    Nov 2008
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    Sussex County, NJ
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    17

    Question Moving to Another State With the Children

    Quote Quoting LawResearcherMissy
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    Your divorce decree does not require the permission of your ex to move.

    Simply give him at least 30 days notice that you are moving - put it in writing and send it certified, return receipt requested! - then pack it up and move it out.
    Just out of curiosity, what if the divorce decree does say you need the ex's permission? Im in a similar situation and I am preparing a letter to send to my ex asking permission because my fiancee and I are planning on moving to PA when my oldest daughter graduates from school - she is in a special school due to an autistic spectrum disorder. I'm afraid that he is going to say no just to be spiteful and I know I have to file a motion and goto court. But Im nervous, fearing the judge will not allow us to move. I know that no one can predict what a judge will decide. My ex only contributes what he is legally obligated to and does nothing more for them. The 2 older children do not want to see him but he still sees the 2 younger ones, one day a week for 6 hours. Should I request a best interest investigation if my ex denies the move?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
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    16,307

    Default Re: How Do I Move Out of State with My Children?

    Just out of curiosity, what if the divorce decree does say you need the ex's permission?
    Then you need the ex's permission, and will likely have to go to court to duke it out if he decides he doesn't want to give it.

  3. #3
    Join Date
    Nov 2008
    Location
    Sussex County, NJ
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    17

    Default Re: How Do I Move Out of State with My Children?

    Quote Quoting LawResearcherMissy
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    Then you need the ex's permission, and will likely have to go to court to duke it out if he decides he doesn't want to give it.
    Ohhh no no I know that part (sorry, I dont think I mentioned that) but Im not sure how to go about doing it. Do I file a motion? And should I ask for a best interenst investigation? I am really hoping my ex doesn't give me a hard time but so far he has done things his way, not according to the courts way. So Im a little nervous. Im even more nervous cause everytime we do go to court, he hires a lawyer and tries to make me responsible for the lawyers fees. I only bring him to court for the every 3 year child support review so far but threw out our divorce and since then, he tries to make me responsible for his lawyer fees. I haven't had to be yet but its just nerve wrecking for me cause I can't afford an attorney and thats the reason I don't have one, to me its a pretty simple procedure and if he decides he wants an attorney, then thats his choice. Can I really be made responsible for it?

  4. #4
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: How Do I Move Out of State with My Children?

    Quote Quoting dmbott
    View Post
    Ohhh no no I know that part (sorry, I dont think I mentioned that) but Im not sure how to go about doing it. Do I file a motion? And should I ask for a best interenst investigation? I am really hoping my ex doesn't give me a hard time but so far he has done things his way, not according to the courts way. So Im a little nervous. Im even more nervous cause everytime we do go to court, he hires a lawyer and tries to make me responsible for the lawyers fees. I only bring him to court for the every 3 year child support review so far but threw out our divorce and since then, he tries to make me responsible for his lawyer fees. I haven't had to be yet but its just nerve wrecking for me cause I can't afford an attorney and thats the reason I don't have one, to me its a pretty simple procedure and if he decides he wants an attorney, then thats his choice. Can I really be made responsible for it?
    Yes, if the Judge orders it, you can be ordered to pay ex's attorney's fees.

    If ex will not give permission for the move, you'll need to file a motion with the court. You'll need to be able to prove to the court that the move is in your childrens' best interests. Since ex will have an attorney, it would really be best if you hire onw also. If you just can't afford to, you need to get a consult with one and read up on your state's laws and court rules before you file.

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