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-   -   Can I take my kids out of state with out my ex husbands permission? (https://www.askmehelpdesk.com/showthread.php?t=530020)

  • Nov 29, 2010, 11:22 AM
    gabbye702
    Can I take my kids out of state with out my ex husbands permission?
    I want to move out of Florida, and my ex husband has nothing to do with our little girls. It would not be a permanent move but enough to get away from the drama. So I want us to move to Colorado. Do I have to get his permission? There is no custody order
  • Nov 29, 2010, 01:30 PM
    this8384
    Quote:

    Originally Posted by gabbye702 View Post
    I want to move out of florida, and my ex husband has nothing to do with our little girls. It would not be a permenant move but enough to get away from the drama. So i want us to move to colorado. Do i have to get his permission? There is no custody order

    First things first: how did you get divorced with no custody order?
  • Nov 29, 2010, 03:53 PM
    gabbye702
    There were extinuating circumstances, and the custody has not been handled yet. So we got divorced and then we have to file the other paper work
  • Nov 29, 2010, 03:55 PM
    this8384
    Quote:

    Originally Posted by gabbye702 View Post
    there were extinuating circumstances, and the custody has not been handled yet. so we got divorced and then we have to file the other paper work

    Then it would probably be in your favor not to up and run off with the kids. The judge won't look too kindly on that.

    Your best bet would be to file with the court, let them know your intentions and deal with it from there. If your ex fights it, you're going to need to prove why it would be in your children's best interests to be relocated.
  • Nov 29, 2010, 04:25 PM
    cdad
    Quote:

    Originally Posted by gabbye702 View Post
    there were extinuating circumstances, and the custody has not been handled yet. so we got divorced and then we have to file the other paper work

    I have to ask what those circumstances were that would compell a court to miss a step ?
  • Nov 29, 2010, 07:26 PM
    calicokitty
    Are the children in your custody right now?
  • Nov 30, 2010, 10:38 AM
    this8384
    Quote:

    Originally Posted by calicokitty View Post
    Are the children in your custody right now?

    What bearing would that have?
  • Nov 30, 2010, 10:02 PM
    calicokitty
    Comment on this8384's post
    Because of the extinuating circumstances is there other people involved like the state or who ever
  • Dec 1, 2010, 07:08 AM
    this8384

    Quote:

    Originally Posted by calicokitty
    because of the extinuating circumstances is there other people involved like the state or who ever

    Again, what bearing would that have? We're still waiting to find out how she obtained a divorce without a custody order; that's the strangest thing I've ever heard.

    The bottomline is that the children are part of a divorce action. She cannot just decide to move them out of state and not have to inform anyone of it.
  • Dec 1, 2010, 10:57 AM
    calicokitty
    Comment on this8384's post
    I have seen something like this before one of the parents had the kids and that parent wasn't doing right by the kids the state took the kids away while the divorce was filed neither parent had the children so there was no custody order put in order
  • Dec 1, 2010, 11:18 AM
    this8384

    Quote:

    Originally Posted by calicokitty
    I have seen something like this before one of the parents had the kids and that parent wasnt doing right by the kids the state took the kids away while the divorce was filed neither parent had the children so there was no custody order put in order

    I seriously hope you are joking.

    If the state terminates someone's parental rights, then that means the children are wards of the state. Your situation as you described it has absolutely no bearing on the situation being discussed, as CPS is not involved and parental rights have not been terminated.

    This is a Law board and our answers here must be accurate according to just that - the law. Not "I guess..." or "I heard..." or "I saw..." or "I think..."

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