Ask Experts Questions for FREE Help !
Ask
    christinamom3's Avatar
    christinamom3 Posts: 6, Reputation: 1
    New Member
    		  
    #1

    Aug 26, 2012, 07:21 PM
    Can I move out of state with my children
    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.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Aug 27, 2012, 03:23 AM
    Absent any court orders or pending litigation that would give him visitation you are free to move.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
    		  
    #3

    Aug 27, 2012, 04:42 AM
    Quote Originally Posted by christinamom3 View Post
    ... but he has a protection order against me and the kids and ...
    He claimed concern that you &/or the kids would assault him?
    christinamom3's Avatar
    christinamom3 Posts: 6, Reputation: 1
    New Member
    		  
    #4

    Aug 27, 2012, 01:03 PM
    Yes we have a protection order against him and he is in process of DV charges.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #5

    Aug 27, 2012, 01:14 PM
    Quote Originally Posted by christinamom3 View Post
    Yes we have a protection order against him and he is in process of DV charges.
    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.
    christinamom3's Avatar
    christinamom3 Posts: 6, Reputation: 1
    New Member
    		  
    #6

    Aug 27, 2012, 05:06 PM
    Quote Originally Posted by ScottGem View Post
    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.
    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.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
    		  
    #7

    Aug 27, 2012, 06:23 PM
    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.
    christinamom3's Avatar
    christinamom3 Posts: 6, Reputation: 1
    New Member
    		  
    #8

    Aug 28, 2012, 10:43 AM
    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?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #9

    Aug 28, 2012, 10:58 AM
    Once you establish legal residency in that state, you can file for divorce there.
    christinamom3's Avatar
    christinamom3 Posts: 6, Reputation: 1
    New Member
    		  
    #10

    Aug 28, 2012, 05:26 PM
    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?
    christinamom3's Avatar
    christinamom3 Posts: 6, Reputation: 1
    New Member
    		  
    #11

    Aug 28, 2012, 05:30 PM
    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>
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

What do I do first to move out of state with children? [ 3 Answers ]

I am divorced with custody of my daughters. I also have an older son. I have decided to move to be with my sons father, but he lives out of state. My ex-husband has disappeared and I have no way of contacting him. His family doesn't know anything about him either. Does anyone know what legal...

Can I move with my children out of state without permission from their fathers [ 1 Answers ]

So I have two children and they both have different fathers I'm looking to move out of Iowa to Minnesota but not sure if I need a lawyer to do so. My 6 year old hasn't seen his dad for almost 3 years and they have no contact now he does pay childsupport. My 3 year old sees his dad on occasion but...

California Move Out of State with Children Laws [ 6 Answers ]

I currently live in Washington State with my 2 children. My ex currently lives here as well but I am thinking of relocating to California due to a job and family in California. Does anyone know the California law with moving from California to any other state when you have children? I do not...

Do I have the right to move out of state with my children when I have full custody? [ 11 Answers ]

I am about to win in court Friday on a petition for grandparent visitation rights. My children haven't seen my ex's mother in over a year and a half. She has already lost two full custody suits against me, one she used her son to try and get custody of the kids through him, and failed, then she...

Can I move my children out of state after divorce? [ 6 Answers ]

I am looking at moving to another state in the near future, but need to find out first if I can move my children out of the state we currently live in. If it is possible how hard is it to do this?

View more questions Search