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    keywest77's Avatar
    keywest77 Posts: 1, Reputation: 1
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    #1

    Jun 25, 2011, 10:14 PM
    If my ex moved out of state does that allow me to move as well?
    Hi my ex and I have been divorced for 2 years.. I was given sole custody because at the time of our divorce he failed a drug test and didn't contest.. he was ordered to pay child support and alimony he has paid some child support but no alimony he is 40,000 dollars in the reers. He has supervised visitations.. then 5 months ago he decided to move to Iowa now he's saying he's moving back and going to take me to court to get more rights (guess he wants to fight mke for custody) I was planning on moving to Hawaii from Arizona to have support from my family to finish nursing school. He said he would argue that in court and won't allow me to leave.. even though he has been gone for 5 months and hasn't seen the kids. What can I do? I want to do the right thing.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Jun 26, 2011, 05:34 AM
    Quote Originally Posted by keywest77 View Post
    ... then 5 months ago he decided to move to iowa now hes saying hes moving back and going to take me to court to get more rights (guess he wants to fight mke for custody) ...
    Talk is cheap.

    Quote Originally Posted by keywest77 View Post
    ... he said he would argue that in court and wont allow me to leave..even though he has been gone for 5 months and hasn't seen the kids. what can i do? i want to do the right thing.
    If you were prohibited from leaving Arizona with the children, it would have been because to do so would interfere with his visitation. Since he has moved to Iowa, that doesn't apply. You might, if you want, file for an order to that effect, but it appears to me that you are free to make the move.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jun 26, 2011, 05:47 AM

    I agree with AK, I think if you can prove that he moved and hasn't exercised his visitation, then a court will grant you permission to move. But I think you need to go to court. If you don't he may be able to make trouble for you, especially if he can prove you knew he was moving back.

    If you just up and move without getting court approval, the court will look at it as contempt of a court order.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Jun 26, 2011, 07:02 AM
    Quote Originally Posted by keywest77 View Post
    what can i do? i want to do the right thing.
    Hello k:

    What you CAN do, and what's the right thing to do, AREN'T the same...

    NONE of our fathers are perfect. But, we love them anyway... Although staying might not LOOK like the right thing to do, I'll bet it's the right thing to do for your child.

    And, if it's the right thing for your child, it's the right thing for YOU.

    excon
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