Legal advice... about Divorce, custody, etc...

Elizabeth - posted on 07/31/2010 ( 10 moms have responded )

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In 2003 I divorced my ex-husband, I filed from California and he lived in Wisconsin. Due to the distance, in the court ordered papers, I was given custody of the girls and he had visitation during summer and every other winter break.

Being away from my daughters for 60 days every summer was hard for me, especially when they were so young, so I decided to move to Chicago (my hometown).

My thoughts in making this move was to avoid having the girls go away for such a long time and hoping for them to be able to see their father for shorter visits, more frequently throughout the year. When I made this move, we never had our papers re-written or anything... and in the 4 years since coming to Chicago, he still really only sees the girls in summer.

Now, my mother wishes to retire and has passed her business onto me, which requires me to move back to California.

So, my question is, can he stop me from moving back to California, even if I have full custody and am technically reverting back to our original divorce agreement anyway?

Mind you, even though we are closer, we still live in separate states and when I go back to California, none of the visitation we agreed on in the divorce will be changed?

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Isobel - posted on 07/31/2010

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If he's only seeing them during the summer anyway, will he really mind? Can you try talking to him about it and seeing how he feels about it? Maybe all this worry is for nothing.

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Threenorns - posted on 05/17/2012

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if you want legal advice, you need to talk to a lawyer.

if you want my opinion, then the court order stands.

Elizabeth - posted on 08/01/2010

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I thought I should add that the only reason he'd fight is to avoid having to pay for airfare, since that was part of our agreement in the first place... he's responsible for transportation costs to and from California.

Michelle - posted on 08/01/2010

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legally if nothing is changing as far as his access goes then there should be no problem. But check with a lawyer to be sure.

Lisa - posted on 07/31/2010

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You do need to let him know..... Ive seen many school districts require the non custodial parents permission for the children to attend the school.... in rare situations....

Lisa - posted on 07/31/2010

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If the current custody order that you have is from CA and neither of you changed the jurisdiction then really no..... BUT if he really wanted to raise a stink then he would have to file a petition to go to court in CA to attempt to state that the childrens true home state had changed and then ask to have it moved.... in which you would contest and say no based on the fact that you had intentions to move back to CA and respect the current order of custody as it is written.... the best thing for everyone is to talk to him and reassure him that how things have been should be how they stay.... but I would try to leave out the part of you owning your own business.... then you will end up back for a decrease in child support.... lol...

Elizabeth - posted on 07/31/2010

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Thanks for the advice, but Kathy... can he attest even though we already live in separate states, (so when my girls are not with him, they are already out of state anyway)?

Kathy - posted on 07/31/2010

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He can attest you moving the children to another state. You need to let him know about the plans on moving and why and also that visitation will not change. If he has a problem with it, you need to go to Friend of The Court and get permission from the judge to move your girls. Good luck.

Deborah - posted on 07/31/2010

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You are probably best to consult a lawyer about this, but since the frequency or lengh of his visitation hasn't changed I wouldn't think it would matter. Its not like you moved and he now sees her every other weekend instead of all summer.

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