I have been divorced now for just over a year. I have full custody of my daughters and my ex only has visitation rights, which he does not use. He also does not pay any of the child support that the court granted me, which was very little to begin with. I moved from Indiana to New Jersey several months ago but because I didn't want to take my children out of school they are staying with my parents until the school year is over. In the meantime, my boyfriend and I are taking this time to buy a home and find the best schools for the kids. My ex is all of a sudden saying that he isn't sure if he wants me to move away with the kids. He has nothing to do with them and I do not believe it to be a benefit to them by having him involved in their lives. He doesn't work, he lives off other people. I feel that the best interest of my children would be to move to New Jersey with me and my boyfriend so they will have a stable family and two positive role models in their lives. What can I do to make sure this happens? Can he stop me from moving? What are my rights to provide the best for my children?

Well, he can try to stop you from moving with the children. Even though he has shown no interest in their welfare. You need to back to the courts and petition the courts for permission to move your children with you. Which you should have done in the beginning, to ensure that you have the legal right to take them with you. You were counting on your ex not paying attention. You need to have verifiable proof of the lack of support the ex has given and the lack of visitation made by him. It cannot be a case of "he said she said". Without some documentation to back yourself, it will not be a slam dunk for you.

Maybe the attorney you had for the divorce can do much of this for you, so you do not have to go back and forth.

In this situation no-one else know what's best for your children apart from you. You should not consult people on the internet about problems as big as this. This problem is completely your decision. You would only choose what's best for your children and I am sure it is the right decision. I hope I helped... :)

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Originally Posted by SheriP

Can he stop me from moving? What are my rights to provide the best for my children?

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Hello Sheri:

If he wants to, I think he can stop you. For your children's sake, I hope he does, and I hope he gets involved with them.

If he does stop you, and DOESN'T take advantage of it, you can try again. But, the dad should be given the benefit of the doubt.

excon

Yes, petition the court for relocation to New Jersey, show the court that he has not complied with any court orders to date. You should keep a log of any contact with the child if any.

Best of luck to you, and remember its for the child and their best interest, not yours or his.

You must return to court to get permission first, and having a lawyer would be best. He has rights and can contest your move.