We both have jiont custody she gets 2weeks I get 2 weeks no child support order son goes to school where I live using my address now she told me she,s moving out of state when her mom sells her house what are my rights as a father I love my kids and want them to stay here where I live what are my rights?I owned my home and have a good income I want to share the kids but if she moves thats not sharing it has only been since june 2009 custody and divorce was order.I live in the state of mississippi.
Look at your papers...does it say anything about moving? Some papers state how many miles she can move...(no more than 30 miles).
You can file in family court that child will not be removed from current school district.
As Ocean said, check your current CO. Does it have anything about moving (mine says that BM has to stay with the same school district). If not, then go to the court and file a petition so that she cannot move out of the school district.
I am speaking to you from experience, try to prevent having your son move out-of state. They always say that they're going to make it work, until something doesn't go their way.
Actually...if she wants to move then let her...just make sure she knows that the kids stay as per the court order! Unless SHE has a "significant change of circumstances", the court should dismiss any petition to allow a move. Simply because her mother is selling and moving...that's not enough. Does she live with her mother? Why cant she secure her own residence in your area?
Do file immediately to keep the kids in the state!!
Pretty much what Giggles said. File immediately to be the sole residence and for the children to be kept in their current school. Mom can move if she wants but if you move quickly that doesn't mean the children have to go with her.
File IMMEDIATELY for a modification of custody. Even if it's just an "empty threat" or a "passing fancy" - you can get a provision added to the current custody order to prevent or otherwise limit where you BOTH can go with first a hearing on the matter.
Further, you're in a good spot with being the primary residential parent -- at least in terms of indisputable issues, such as school district, which gives you a little bit of an advantage when it comes to preventing a move-away.
As a backup, I would strongly suggest you start creating a parenting plan, loosely based, on what the potential arrangement might be with you having primary physical custody in order to minimize the disruption in the children's lives and maintain the continuity. Not something you want to share, just something you want to have worked on in the event the time comes.
Be prepared. Always.
Read that order! My ex tried that on me within hours of mediation, before the final decree. Not out of state, but this is Texas and you can easily move 300-400 miles away. A Standard Possession order here requires the parents to stay within the current county or the contiguous counties thereto. My ex's attorney then prepared a Final Decree trying to make me stay in the county I already lived in!
Surely just an error.
Either way, know what your order says and what you can do about it!
See page 13
http://www.abanet.org/family/military/june06dvl.pdf (http://www.abanet.org/family/military/june06dvl.pdf)