S.P.A.R.C.

Separated Parenting Access & Resource Center
crazy gamesriddles and jokesfunny picturesdeath psychic!mad triviafunny & odd!pregnancy testshape testwin custodyrecipes

Author Topic: X moving  (Read 1315 times)

pchance

  • New Arrival
  • *
  • Posts: 1
  • Karma: 0
    • View Profile
X moving
« on: Jan 07, 2008, 03:15:08 PM »
I found out this morning that my X-wife is moving from Pensacola, FL to South Carolina without my permission.  She is moving to follow some guy that she has known for 10 months and has never lived in the same city with.  She is moving Sunday.  We don't have a finalized divorce yet (the file was rejected by the judge 3 times) so she says she can move wherever she wants.  I know that there has to be a way to fight this.  I live in Birmingham, AL and already have to drive 3 hours to get them.  Do I have any recourse in this situation?


MixedBag

  • Global Moderator
  • SuperHero
  • *****
  • Posts: 3049
  • Karma: 155
  • That's Me...MixedBag
    • View Profile
    • http://www.doilyboutique.com
RE: X moving
« Reply #1 on: Jan 07, 2008, 04:56:34 PM »
maybe, but like you said -- you moved away too.

Hmmm...

WHY was the file rejected by the judge 3 times???


mistoffolees

  • Sr. Member
  • ******
  • Posts: 1697
  • Karma: 0
    • View Profile
RE: X moving
« Reply #2 on: Jan 07, 2008, 09:02:37 PM »
Several issues.

1. You have absolutely nothing to say about where your ex lives. She doesn't need your permission. You MAY have something to say about where the kids live. Make sure you keep the issue clear.

2. If your divorce is not final, you can ask the judge to include an order that neither party can move the children from their current location. However, since both of you have moved already (or you have and she already has plans to move), you have a weak case.

3. In principle, you could ask for an emergency hearing for the children not to be moved out of state. Again, the fact that you already moved out of state will make it hard to convince a judge to order this, but you MIGHT be able to make the case that Birmingham to Pensacola is close enough for you to see them every other weekend while SC is too far. I'm not sure a judge would rule in your favor, but perhaps you can get her to pay your additional travel expenses.

Davy

  • Sr. Member
  • ******
  • Posts: 1013
  • Karma: -545
    • View Profile
RE: X moving
« Reply #3 on: Jan 08, 2008, 01:16:09 AM »
I realize uou NEVER said you moved to Birmingingham nor did you imply such and you ABSOLUTELY have a huge say where your children reside.  Interstate custody matters can become complicated and costly.

Does the other parent relocate habitually ?  If pressed, she can not justify or substantiate uprooting the children for an acquanitance.  Normally the abscounding parent needs a legitimate reason that will benefit the children before uprooting the children from familiar surroundings.  Hopefully she can just NOT do what she damn pleases with the children in tow.  Additionally, and probably more important, Florida hates children to leave the state.  Typically, they see children as $$$ from the Federal govt as future wards of the court.   Since your situation is currently under temporary orders you may have an opportunity to gather up the children and let her do the motoring.

No one can adequately advise you without knowing more about your situation.  

Was the cause rejected 3 times due to jurisdictional issues ??  Where were the temporary orders entered ?

Do not just assume the acquaintance is suitable to be with your children.  

MixedBag

  • Global Moderator
  • SuperHero
  • *****
  • Posts: 3049
  • Karma: 155
  • That's Me...MixedBag
    • View Profile
    • http://www.doilyboutique.com
RE: X moving
« Reply #4 on: Jan 08, 2008, 06:44:48 AM »

>1. You have absolutely nothing to say about where your ex
>lives. She doesn't need your permission. You MAY have
>something to say about where the kids live. Make sure you keep
>the issue clear.
>

That is not necessarily true.

Here in Alabama, both parties have to ask the court for permission to move.  It doesn't matter whether it's the custodial or the noncustodial and it's a common mis-perception that only the custodial has to ask for permission.

FL governs (I bet), and this parent needs to get smart on FL statutues before the other parent is in NC for 6 months.


 

Copyright © SPARC - A Parenting Advocacy Group
Use of this website does not constitute a client/attorney relationship and this site does not provide legal advice.
If you need legal assistance for divorce, child custody, or child support issues, seek advice from a divorce lawyer.