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-   -   Leaving the state (https://www.askmehelpdesk.com/showthread.php?t=298361)

  • Jan 2, 2009, 08:28 PM
    jlparis613
    Leaving the state
    I am in the process of a divorce. I have tried for 3 months to support myself and my children but just can't seem to make ends meet. My father has offered to have me go stay with him and help me get on my feet. I live in MA now and he lives in Florida. I have filed for a modification to my visitation order for my son but it is taking a very long time. At this point I need to be out of my apartment in 2 weeks. What would happen if I just leave before I go before the judge? Should I get a lawyer and let him fight it, or would I still have to stay? :confused:
  • Jan 3, 2009, 06:06 AM
    excon
    Hello j:

    If you violate the visitation order, you can be held in contempt of court, and you'd NEVER get the move approved. They MIGHT even say you are kidnapping your children... So, I wouldn't violate the court order...

    Next: If your ex FIGHTS the order, he'll probably win. The judge will probably think the CHILDREN would be better off being close to their father, rather than thinking YOU would be better off in Florida. His interests would be the CHILDREN - not you.

    I would agree with the judge. Children need BOTH parents. If your father wants to help, have him help you in MA.

    excon
  • Jan 4, 2009, 06:41 PM
    jlparis613

    He isn't going to help me pay rent or babysit so I can work so my options are up. If I could afford to stay then I would. I don't want to end up homeless.
  • Jan 4, 2009, 07:56 PM
    Fr_Chuck

    If you just leave against the court order, the other parent can use this against you and have a good chance of getting custody of the children. Since you won't be there to be in court to fight either if you are not there.

    But if you go against the order, you will just lose more and more

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