I am not currently divorced from my ex but he has a protection order against me and the kids and not currently in their life. I am able to move out of state without any legal consequences. I have been raising them for years on my own. He doesn't even have a child support order. He just up and left.

Absent any court orders or pending litigation that would give him visitation you are free to move.

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Originally Posted by christinamom3

... but he has a protection order against me and the kids and ...

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He claimed concern that you &/or the kids would assault him?

Yes we have a protection order against him and he is in process of DV charges.

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Originally Posted by christinamom3

Yes we have a protection order against him and he is in process of DV charges.

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You have a protection order against him or does he have an order against you? Your initial posts ("he has a protection order against me") made it seem like he has one against you.

Is HE being prosecuted for the DV charges?

Its hard for us to help if you tell conflicting stories.

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Originally Posted by ScottGem

You have a protection order against him or does he have an order against you? Your initial posts ("he has a protection order against me") made it seem like he has one against you.

Is HE being prosecuted for the DV charges?

Its hard for us to help if you tell conflicting stories.

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Sorry. Court put a TPO on him against us. He threatened to kill me and the kids with a knife in his hands and beat me up. He is being charged with DV so far but we have not been into trial yet.

I think you are still using poor word choices again you said "against us" so you are the threat to him somehow ? And the court is protecting him from you ? That is what you keep saying

I will assume you are just using wrong words and you have a order of protection against HIM.

You may move, the only issue at all would be if he would file for cusotdy of the kids as soon as you move, asking for the kids to be returned to his state.

I doubt it could happen, but if he did, he may keep the divorce and custody court in his state.

I may be using the wrong words. I doubt he will. Now if I file for divorce will I have to file it in the state I will be living in?

Once you establish legal residency in that state, you can file for divorce there.

Another question. If my daughter dad has a court visitation but has not followed it for over a year is there a limitation before it is voided? WHat would my step be there?

One more question. My oldest dad paays child support and has visitation order but has not seen her for over a year. He is no where to be found to take him to court or anything. What is my step there? Will I get contempt if I move and not let him know? Is there a limitation for how long you go without going by the visitation order and you give up the rights>