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leaving state, can i?

 
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tmahaffey75
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PostPosted: Wed Feb 01, 2006 11:37 pm    Post subject: leaving state, can i? Reply with quote

i am not and never have been married to my childrens father and there is no costudy pappers since theres never been a marriage i have full custady, and there is no visitation set threw the court or other wise. so i was wondering if anyone knew wether it is legal for me to move woth my children to another stat? is there any way he could possibly stopfrom leaving the state of ohio with them?
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sarahg321
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PostPosted: Wed Feb 01, 2006 11:38 pm    Post subject: Reply with quote

ive gone through the court and from the first court appearence they made it clear i wasnt aloud to leave country with my children you on the other hand havnt been to court and have no contracts so you wouldnt have a problem leaving the state.
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mamanot kidding
Guest





PostPosted: Wed Feb 01, 2006 11:38 pm    Post subject: Reply with quote

The only thing you need to do is to notify biological parent by sertified mail of your move and your new location. otherwise this can be construed as abduction.
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SLBENNETT
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PostPosted: Wed Feb 01, 2006 11:38 pm    Post subject: Reply with quote

tmahaffey75,

I guess it depends on the state (and maybe county) or jurisdiction you live in. I've heard both sides of the stories, so I'm not sure.

There's been parents that left with the children and everything worked out fine, no court orders to keep them. But then there's been stories that parents that left with their children got reamed because the other parent filed "kidnapping" or "missing" or "PAS", so I would just ask.
Don't give too much information.

I'm always wondering what consequences may come about to me. I left the state that created all this madness (but I didn't get to take my girls either) and I haven't been able to contact them even thru phone or mail. Dork intervenes all the time. There was no court order. Last court order was in November 2004 where Dork was court ordered to pay me child support but of course hasn't. I left for self preservation (nothing more, nothing less). I'm always wondering what I may deal with in the future, not that I've broken any laws or violated any orders, but just that I left.

What you can do, (possibly) is leave now. Go to where it is you want to be with your child and find an attorney in that state and see what rights you and your child have. If you want the father to know, then send him a certified letter and keep a copy of it. Let them know you've had to move for financial reasons and to give your child the best.

If I could rewind the times and know what I know now, I would have taken my girls and filed for divorce from a different state and told the courts that I don't know the whereabouts of my children's father.

Arizona is starting some nonsense and it's filtering into Southern California that even though parents are divorced or separated, doesn't matter the length of time, the parents are to only live 100 miles of the zip code that they were divorced from because they feel it's in the best interest of the children. That's why I left before anything could happen, Southern California is not going to hold me prisoner in that state.

I would leave before any court order holds you bound there and see about your rights elsewhere.

Good Luck and GOD bless you. I hope it all works out for your and your child. Since you have full custody at this time, I think the ball is in your court and favor. Just becareful.
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Meli's mom



Joined: 13 Feb 2006
Posts: 8
State or Province: Indiana

PostPosted: Mon Feb 13, 2006 10:06 pm    Post subject: On moving to another state. Reply with quote

Hello! Since you were never married to the father of your children & paternity has not been established, you have sole custody of your children. So you are free to go anywhere in the world you wanna go without his permission. You don't even have to let him know when nor where you're going. It's after paternity is established that the trouble starts. Believe me. i was forced to establish paternity with my ex regarding my daughter whom I had had sole custody of since birth. She is now almost 4 & he has filed for custody even though he has had no contact with her since she was 2 months old.
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KatherineI



Joined: 20 Jan 2006
Posts: 16
State or Province: Pennsylvania

PostPosted: Sat Mar 11, 2006 10:12 pm    Post subject: Reply with quote

You can leave.

But you should probably eventually notify the father for your own personal well being.
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lilcaligirl



Joined: 19 Mar 2006
Posts: 2
State or Province: California

PostPosted: Sun Mar 19, 2006 7:04 pm    Post subject: Reply with quote

I was married and left the state. As soon as I got to Cali, I filed for emergency custody, I was granted custody, and then my son was not allowed to leave the state, so his father had to come here to visit. After the 1st hearing, my ex did research and then tried to file for custody in the other state, since Cali didnt have jurasdiction for my case, I had only been here for a few months when it finally went to court, the case ended up getting heard in Alabama. However, I still was awarded full Physical Custody, but its no one heck of a battle over visitation and he is going after full custody again 1 yr later.
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sarahg321



Joined: 31 May 2006
Posts: 6
State or Province: Other

PostPosted: Wed May 31, 2006 4:35 pm    Post subject: Reply with quote

if i could turn the clock back to before i went to court for an injunction and new what i new now i would have just uped and moved far away and i would reccomend that to any mother.i cant see how it would be abduction when its not gone through the court system and the father not that bothered and especially if he a waster.
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4penny



Joined: 10 Jan 2007
Posts: 10
State or Province: Oklahoma

PostPosted: Wed Jan 10, 2007 7:53 am    Post subject: Reply with quote

get moving before he brings a paternity suit and if you don't think you want to bothered by him later it is just best to not give him any heads up about where you're going at least til you become established there for a while. If he brings a suit before youre considered a resident of that state you may find yourself trekking all the way back to his area to go to court, and this only adds to the costs of fighting for your kids.
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