MyKidsDad
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Reged: 04/09/07
Posts: 5
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Should I fight a move-away?
04/09/07 11:59 PM
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Here are the facts:
Five years ago I was awarded joint legal and joint physical custody of my two children (both are under 10) I have them about 12 nights/month and then for a few hours one night during the week. I don't even need all my fingers on one hand to count the times I've missed visitation in the last 5 years. I am still single. I am gainfully employed, although I am not 'rich' my any means, I do have a 800+ credit score. I still live in the house the kids lived in since birth. I have excellent care lined up, and the kids enrolled in school. (My ex, who is the custodial parent lives in a different school distirct.) All of the kids' extended family from both sides live in the same city a few hours away. My oldest child, who I've been encouraging not to pick sides, still maintains he wants to live with me. The younger son doesn't really understand whats happening.
My ex recently lost her job due to a lay-off. Her career feild is very narrow and claims that she can not find another job in the area. (Population ~1,000,000) She does hold a post-graduate degree. She recently accepted a postion in another state approximately 1000 miles away. Her economic situation is not improving due to the move. The school the kids would go to with her have slightly better scores according to our repspective State Education Departments. My oldest also claims that she hits him and slaps him occasionally (I have seen bruises but can't prove they are from her.) He also states that she calls him names and swears at him quite often.
My ex has already accepted her position, she will have to be moving soon-within 120 days-and as of today, she still has not filed an application to move the kids out of the courts jurisdiction.
Here are my questions:
Is there any way she can legally get the court to grant her permission to remove the kids? Even on a temporary basis?
If she up and moves (with the children) without court approval, what are my rights then?
And most of all, should I fight this?
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