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-   -   Can I leave to another state with my child (https://www.askmehelpdesk.com/showthread.php?t=480657)

  • Jun 17, 2010, 10:56 PM
    Vly71
    Can I leave to another state with my child
    I recently took my ex husband for child support. I was using the child support to pay the rent. I haven't been able to find work here and I have been out of full time work for 2 years. My ex husband is one step ahead of me all the way. He has told me that my daughter will live with him because of my income and no job. I am right now in the mist of losing my home car and I am worried about losing my daughter. He lives in California and he moved us to Vegas. I have child support pending. I have full custody of my daughter and I would like to move to another state to get married and for job. We would be living better then what we have here. I want to leave and we have no where to go. On my divorce decree it says that I would have to get his permission to leave. I know that he would fight me on this. I just wonder how long it would to petition the courts or do I just let the district Attorney know that I want to leave. How does this work. My ex husband has been using child support over my head for years. I can't take it anymore and I just want me and my daughter free from this mad man. How do we get free and would a judge let me take her. Her and my emotional well being is at risk especially if a judge awarded custody to him.
  • Jun 18, 2010, 01:34 PM
    GV70

    Quote:

    Originally Posted by Vly71 View Post
    I have full custody of my daughter

    There is no legal term "Full custody", I guess you mean "Physical custody" or "Primary custody'
    Quote:

    Originally Posted by Vly71 View Post
    On my divorce decree it says that I would have to get his permission to leave. I know that he would fight me on this. I just wonder how long it would to petition the courts or do I just let the district Attorney know that I want to leave.

    The DA does not have a dog in that fight.You must file in Court for custody modification.
    Quote:

    Originally Posted by Vly71 View Post
    How do we get free and would a judge let me take her. Her and my emotional well being is at risk especially if a judge awarded custody to him.

    Of you leave the state without his permission or Court decision you will be charged with kidnapping.

    According to Na Family law
    "In order to relocate a child, the custodial parent must notify the other parent, and they must also get a written order from Nevada family law court confirming that he or she can do so. The judge will look at five factors to determine whether the move is in the active best interest of the children:

    * Will the relocation improve the children's quality of life?
    * What is the parent's motive for the move?
    * Has the custodial parent been complying with visitation orders? Is the custodial parent likely to comply with a modified visitation order?
    * Does the noncustodial parent support or oppose the move? Is their opposition honorable?
    * Can there be adequate long-distance visitation?"
  • Jun 19, 2010, 05:06 AM
    ScottGem

    GV gave you a pretty comprehensive answer here. You didn't say whether you are engaged, that would be a factor.

    How long the process will take depends on local courts. If your ex has an attorney, then I would strongly suggest you retain one as well. If you try to fight an attorney on your own, your chances of winning become slim.
  • Jun 19, 2010, 05:16 AM
    cdad

    What state was the divorce and custody in since you mentioned that your ex is in California and you are in Nevada? Another thing is if your court orders say you need to seek permission first then that is what your going to have to follow. Also on a side note if you are at a point where you can't care for your daughter properly it might be time for a custody change. Doesn't she deserve better? Her interests should come first if he can provide stability.
  • Jun 19, 2010, 07:40 AM
    Fr_Chuck

    If your divorce is in CA, you already left the state when you moved to Nevada

    If your divorce is in Nevada, you can easily get permission to move since he first moved out of state.

    And what do you mean "he moved you" is he controlling where you live

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