We were never married so there is no order on custody however, he does pay child support(since '06). We split in 2001 and the children have always lived with me. He may visit the children at any time but chooses not to do so. We are in Georgia and he is in Louisiana. He has always had very minimal contact with them. They have not seen him for at least two years and may receive a phone call twice a year. My husband is in the military and there is a huge possibility that we are moving to England. After requesting an increase in support(as he only pays $365 for 2 kids) my ex has said that he will not sign passport papers for the kids. Can he do this and stop me from taking the them? Does he even have any rights against me?

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Originally Posted by mrs10

We were never married so there is no order on custody however, he does pay child support(since '06). We split in 2001 and the children have always lived with me. He may visit the children at any time but chooses not to do so. We are in Georgia and he is in Louisiana. He has always had very minimal contact with them. They have not seen him for at least two years and may receive a phone call twice a year. My husband is in the military and there is a huge possibility that we are moving to England. After requesting an increase in support(as he only pays $365 for 2 kids) my ex has said that he will not sign passport papers for the kids. Can he do this and stop me from taking the them? Does he even have any rights against me?

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Your question is confusing. You say there's no custody order but there is an order for child support... that doesn't make any sense.

Most likely you will need to petition the court in order to be allowed to make the move overseas. If you have joint legal custody, then he is required to sign for the children to obtain passports and if he refuses, you can't get them.

Sorry for the confusion but that is correct, there is no custody order. So can you tell me which state I might need to petition in?

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Originally Posted by mrs10

Sorry for the confusion but that is correct, there is no custody order. So can you tell me which state I might need to petition in?

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I would start in the state that you currently reside in with the children. Just a forewarning - this may not be a quick thing, so be prepared for your husband to have to wait in England for you.

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Originally Posted by mrs10

Sorry for the confusion but that is correct, there is no custody order. So can you tell me which state I might need to petition in?

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What state was the child support order in? That is the state you would go to if one or both parties still live there.

The support order is in California and neither of us live there.

If you both have been established as residents outside of California then you can seek modification in the state the child lives in. If you or the other party hasn't established residency then you have to go to California to get things done.

Just curious, does the fact that he has no interaction with the children count for anything?

Not really. It sounds like you live in different states. That alone can make it hard outside of the fact that whatever interaction there has been between you two may have added to it.