mom jumping state

[step_mom2]

ok so my husband ex wife is planning on moving across the country. and even though he doesn't have any custody of the two kids i think there should be something we could do. his kids are 14-12 and there mother hasn't been around for them in months. she has been really bad into drugs lately and just done care. the oldest had not seen her mom in over three months. she doesn't have a stable house hasn't in over a year. or a job. she is living off unemployment and child support. Now the mother has 100% custody and my husband is court ordered 500$ a month child support. and family friend said that even tho she does have custody we can stop her from leaving the state with the kids..... i need help i dont know what to do

[ocean]

Few questions:
Who has been watching the oldest for the past 3 months?
Has Dad had consistent visitation lately?

IF the children want to live with you (at their age, the judge will start to listen to them so waste of money if they do not want to stay), go to the family court near you and ask where their intake office is. File change of custody papers due to "mother is threatening to move children to xx state, Oldest child has not seen mom in last 3 months and has xx watching her. It would be in the best interest of the children for dad to gain custody of children so they can continue the relationship with father, extended family, and stay in same schools with their friends".

Many judges are not allowing moves across state lines as long as the other parent has kept up their visitation. She would have to show why moving across the country is in the best interest of the children. Better job? Does she have housing? Is there a reason she is leaving- does she have job/housing here. Many judges have told the parent, you can move, but children stay. Then it is up to the parent to give custody to you and leave, or decide to stay.

Are the kids doing good in school? Have friends? 100% does not mean she can take children away from father if he has been involved. Fathers can legally get grades/attendance records from the school without mom's permission. Most schools have parent portals online, you can get password from their school and have access at home.

Once you fill out the paperwork, they will type it and give you a court date, usually about a month from now. If she is threatening to go sooner, then file emergency temporary custody or emergency restraining order to keep the kids in the state until the court hearing. If the kids want to live with you and stay in your state, you have a good chance in court. Good luck!

[step_mom2]

we currently live 3 hrs away from them which makes it that much harder... no the kids arent doin good in school. and the oldest has been stayin with friends.

[ocean]

Ok, would they want to come live with you? That would be the deal breaker in all of this... Staying at friends house a few times a week is normal at that age, is it really every single night? Can you talk to the friend's parents?

If they want to come, then the papers would be need to filed in family court near them. You can call and ask if they are online to download, (change in custody) or if they can be mailed to you. Many times it is free to file or small filing fee for family court.