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    atrujillo79's Avatar
    atrujillo79 Posts: 2, Reputation: 1
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    #1

    Jun 2, 2008, 09:05 AM
    Abandonment and relocating
    I have 3 kids and support them solely by myself. Their father has not seen them in 16 months by his choice. We share joint custody, I have been offered a new job in San Diego that will be a great opportunity for us. Can I just up and move? I sent my ex a certified letter to what I think is his last address stating the plan and new address. Is there anything else I should do to cover myself.
    reikiwmn's Avatar
    reikiwmn Posts: 31, Reputation: 1
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    #2

    Jun 4, 2008, 06:55 PM
    I would speak to a lawyer since it sounds like you have a legally binding joint custody agreement. If you have papers that have been certified through a court of law you need to read them. Find out what it says in your papers before you just up and move. If the father does not have a problem with this get the papers modified in court to cover yourself in case he decides to change his mind about it later.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jun 4, 2008, 06:59 PM
    What does the child custody agreement state about you moving out of state? If it does not say anything, you are free to move
    atrujillo79's Avatar
    atrujillo79 Posts: 2, Reputation: 1
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    #4

    Jun 4, 2008, 07:14 PM
    In our divorce agreement there is a section that states: The parties should be awarded joint legal custody of the minor children, with primary physical custody in __________________ and periods of care and responsibility consistent with the best interests of the children.

    The blank was never filled in... so would that mean I am clear?
    reikiwmn's Avatar
    reikiwmn Posts: 31, Reputation: 1
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    #5

    Jun 4, 2008, 07:44 PM
    Could be, call a lawyer in the state the papers were filed in and get a consultation, usually they are free or very inexpensive. They can tell you if you are in the clear, I would be sure before you go just so nothing can backlash on you later. Oh, and document that you asked a lawyer too, just in case.
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