Results 1 to 2 of 2
  1. #1
    Join Date
    Nov 2009
    Posts
    2

    Default Moving Out of State with Minor Children

    My husband and I moved from NY to NC for his job 2years ago. We have recently seperated and I am contimplating moving back home to NY within the next years time. He (my ex) works out of his house (and can work anywhere there is an internet connection). We collectivly have no family here. He has family in another country. Mine however is in NY. Here I have no family, no friends and no support. There is a court signed parenting agreement in place - it contains only language that I am to give 60 days notice of intent to move to allow the other parent to respond. I know he will never agree to my wanting to move and has said that If I do I am to leave the children (which of course I would never do). I cannot afford an attorney and would need to go about this on my own through the court. Do I stand a chance in court? In NY I would be able to find a better paying job, as well I have the support of family and friends. What is the best way to go about this. I am concerned because it seems no matter what I do, he is just always one step ahead and I feel like I have no rights at all. In no way will I ever leave our kids. I will sooner stay put than do that, but I would like to try. Again, what is the best way to present this...

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

    Default Re: Moving Out of State with Minor Children

    Quote Quoting Mommy2000
    View Post
    My husband and I moved from NY to NC for his job 2years ago. We have recently seperated and I am contimplating moving back home to NY within the next years time. He (my ex) works out of his house (and can work anywhere there is an internet connection). We collectivly have no family here. He has family in another country. Mine however is in NY. Here I have no family, no friends and no support. There is a court signed parenting agreement in place - it contains only language that I am to give 60 days notice of intent to move to allow the other parent to respond. I know he will never agree to my wanting to move and has said that If I do I am to leave the children (which of course I would never do). I cannot afford an attorney and would need to go about this on my own through the court. Do I stand a chance in court? In NY I would be able to find a better paying job, as well I have the support of family and friends. What is the best way to go about this. I am concerned because it seems no matter what I do, he is just always one step ahead and I feel like I have no rights at all. In no way will I ever leave our kids. I will sooner stay put than do that, but I would like to try. Again, what is the best way to present this...
    First, you need to get a consult with a local attorney.

    Second, you mentioned that neither you nor ex have any family where you are now. While it may be true that YOU don't have any family there, your children certainly do have family near, thier father.

    You might want to stop looking at this from the point of view of what YOU need and instead look at what your children need. Children need to be close to both parents, so you'll need to convince a court that moving children away from the other parent is in THEIR best interests.

    ETA: Does your wanting to move away have anything to do with you now seeing a man from another country?
    http://www.expertlaw.com/forums/showthread.php?t=90043

    1. Sponsored Links
       

Similar Threads

  1. Divorce: Blind and Moving Out of State with Children Before Divorce
    By demanda in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 12-26-2010, 12:21 AM
  2. Moving Children Out of State
    By momof409 in forum Child Custody, Support and Visitation
    Replies: 5
    Last Post: 03-28-2010, 07:21 PM
  3. Mother Moving Out of State With the Children
    By josephbelt01 in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 01-26-2010, 11:50 AM
  4. Ex-Wife May Be Moving Out of State with Children
    By drosselot in forum Child Custody, Support and Visitation
    Replies: 4
    Last Post: 06-30-2009, 09:58 AM
  5. Moving to Another State With the Children
    By dmbott in forum Child Custody, Support and Visitation
    Replies: 3
    Last Post: 11-24-2008, 04:15 PM
 
 
Sponsored Links

Legal Help, Information and Resources