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    Zmama's Avatar
    Zmama Posts: 4, Reputation: 0
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    #1

    Sep 6, 2010, 09:58 AM
    Im engaged to a man stationed in WA. Can my children and I move from Texas
    I live in Texas and he is stationed in WA. He is in the military and can't move.
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Sep 6, 2010, 11:33 AM

    Are you divorced ? Is there any stipulation in your divorce agreement about not moving out of state because of visitation rights? If you meet all the requirements and you are not violating any court order, then I don't see any reason why you can't move.

    Tick
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Sep 6, 2010, 12:13 PM

    I suspect you are asking this question because the farther of your children lives in TX and has visitation rights which he would not be able to exercise if you move. If that is the case you need to go back to the court that issued the visitation order and appeal for permission to move.

    The father can block the children from moving if it affects his visitation. You may have to agree on a new schedule to allow the move. Something like he gets summers and certain holidays.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Sep 6, 2010, 01:53 PM

    More details will help, the child custody agreement will state what you can and can't do as for as moving, What has the children's father said about the children moving away
    Zmama's Avatar
    Zmama Posts: 4, Reputation: 0
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    #5

    Sep 6, 2010, 02:13 PM
    Our custody requires me to stay in the state. But he lives 15 min from me and only sees the kids 3 days a month usually. He cancels most his visitations. I have an a chance to marry a man that loves me and my kids. Someone that would give them the attention they need and me the ability to stay home and care for them. He doesn't want me to move. I just can't understand with my fiancé being stationed somewhere why it can't be OK. My fiancé doesn't have a choice where he lives.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Sep 6, 2010, 02:29 PM
    Quote Originally Posted by Zmama View Post
    I just can't understand with my fiancee being stationed somewhere why it can't be ok. My fiancee doesn't have a choice where he lives.
    It can't be OK because the father has rights too. Try reversing the situation. What if you were the NCP and the CP wanted to move where you couldn't exercise your visitation rights? Things like this are a two way street.

    While your fiancée doesn't have a choice where he's stationed (though there is some leeway there), you have a choice of fiancées. You also have the choice to turn custody over to the father and move on your own.

    On the other hand, if you can prove that the father is not exercising his visitation and that he does, in fact, cancel most of them then the court may grant your request. So you need to assemble proof that he's canceling scheduled visitation and submit a petition to the court requesting permission to move. Whether you will win or lose I can't say.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Sep 6, 2010, 02:30 PM

    Sorry , but they are your ex's kids also, and he has the right to be part of their life. Even if it is only a few days a month.

    Trying to tear a father away from their children has no excuse in my book. So you don't see a issue with a parent being away from the children, give the children to him, you move to marry and go visit the kids the same way you think he should.
    Zmama's Avatar
    Zmama Posts: 4, Reputation: 0
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    #8

    Sep 12, 2010, 05:21 PM
    I might add that he has actually called the police on me when I attempted to drop the kids off with him for his scheduled weeked visit. The police were pissed at him. I have all kinds of record of him cancelling.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #9

    Sep 12, 2010, 05:28 PM

    Hello Z:

    You're trying to paint him as a BAD parent... But, if you take his kids away from him, YOU'LL be the bad parent.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #10

    Sep 12, 2010, 05:31 PM

    So he is not a good father, but he is their father and even you admit he does see them some
    Zmama's Avatar
    Zmama Posts: 4, Reputation: 0
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    #11

    Sep 12, 2010, 05:59 PM
    I'm not trying to paint him as anything. He hasn't paid child support in two years. Not a dime. He sees the kids maybe three times a month and will work all three of those days and makes my 13 year watch all the kids. Or he won't let the little ones come. I give him gas money to pick up the kids or he won't. I'm not making him look like a bad dad. I'm just saying the truth.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #12

    Sep 12, 2010, 06:01 PM

    I told you what to do. Telling us does nothing. You need to tell a court.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #13

    Sep 12, 2010, 06:01 PM
    Quote Originally Posted by Zmama View Post
    I'm just saying the truth.
    Hello again, Z:

    Me too.

    excon
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