[Sld539]

I am sorry if this has been asked a lot but I really need some advice! I am graduating collage and want to move from the east coast to the west coast for a fresh start and good job opportunities! The cost of living is better,crime rates are better and just more spacious and beautiful. However I have a 10yr old and a 12yr old that I have joint custody with my ex husband but, he has not seen them in years and owes about $6000.00 in support. I am wondering
1. What can REALLY legally happen to me if I just go?
2. What actions can I take to do it the right way and what are my chances?
3. When can my kids decide on their own?
Thanks a lot for any input I really want to get the ball rolling!

[ScottGem]

1. You don't say if there is a court ordered visitation order in place. If there is and you move, he could get custody of the children.
2. Go to court and ask for modification of the visitation order
3. When they are over 18.

[Sld539]

Thank you! What do you think my chances will be if he is not paying or seeing them I have heard they don't like to let people move?

Oh sorry yes there is an order in place..

[ScottGem]

If you can prove that he has made no attempt to see his children in several years, I doubt if the court will deny the move. I doubt if he will even show up in court. But even if he does and tries to fight, I still think your request will be granted. The court is going to ask why he cares when he has made no attempt to see the children in years.

I wouldn't dwell on the support arrears as that is usually kept separate from visitation. Having an attorney represent you will go a long way.

But if you do not go through the courts, you will be the one in the wrong. You will have defied a court order.

[cdad]

Also Im going to add something at this point. The reason courts dont like moves that much is because it denies the other parent the right of visitation. So if you already have it in place from a court decision then your plans to move is going to need a workaround to fit that or whatever new plan you come up with. What that means to you is if it involves flying then your the one that pays for it and that is both ways since you moved away causing the extra expense.

[ScottGem]

While I don't disagree with cdad, since you have stated he hasn't seen the children in years, I think you can make a case that he has abdicated the visitation rights he was granted. You still may have to offer a compromise.