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Getting married and husband lives in another state?

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  • Getting married and husband lives in another state?

    I am getting married in a couple of months and I have court ordered visitations with my youngest daughters father. My fiance tried to look for a job in florida but found nothing to what earns where he lives. So I tried looking for a job where he lives and I found something that economically is better than what I am getting now. My daughters father does not pay child support and still has visitation. I don't want to be mean to him but economically we would be better if we move. What do I have to do to be able to move?

  • #2
    Re: Getting married and husband lives in another state?

    Originally posted by alj062624 View Post
    I am getting married in a couple of months and I have court ordered visitations with my youngest daughters father. My fiance tried to look for a job in florida but found nothing to what earns where he lives. So I tried looking for a job where he lives and I found something that economically is better than what I am getting now. My daughters father does not pay child support and still has visitation. I don't want to be mean to him but economically we would be better if we move. What do I have to do to be able to move?
    What does your child custody order state regarding relocation/moving out of state? Chances are pretty good that you are going to need to request permission from the court to allow the move.

    Also consider that creating the additional distance is certain to affect the visitation. You will need to consider that the parent creating the distance will often end up responsible for the costs associated with the extended travel time and distance. If the absent parent were paying child support, that could be adjusted downward to account for the additional expenses, but since there isn't one, you can be expected to cover the costs required to facilitate the long-distance visitation. And since the distance will be a factor in keeping to the current visitation schedule, you're looking at having to modify that schedule most likely.
    "If it ain't in writing, it never happened."
    "A lack of planning on your part does not constitute an emergency on my part."
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    • #3
      Re: Getting married and husband lives in another state?

      I wish to inform you that you may first attempt to have a consent from the father of the child to let the child relocate to another state and also come to an agreement on a revised visitation schedule and get the consent order approved by the court. Alternatively, you may file a petition in the court. You may provide evidence to the court that your financial condition will improve if you move out of state after your marriage. You will have to show that it is in your child's best interests to move with you after your marriage to the new state. The court always considers the best interest of the child. The court generally wants the child to grow up under the love and care of both the parents. The court will also consider the child's views. The court will consider all the facts and decide the matter.

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      • #4
        Re: Getting married and husband lives in another state?

        You need to look at your current order. Many orders has verbage that forbids taking a child outside a certain area or state without other parents consent. You need to run thi smove past or courts or you could even lose custody

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        • #5
          Re: Getting married and husband lives in another state?

          Originally posted by alj062624 View Post
          I am getting married in a couple of months and I have court ordered visitations with my youngest daughters father. My fiance tried to look for a job in florida but found nothing to what earns where he lives. So I tried looking for a job where he lives and I found something that economically is better than what I am getting now. My daughters father does not pay child support and still has visitation. I don't want to be mean to him but economically we would be better if we move. What do I have to do to be able to move?
          Relocating for marriage, the new spouse's job and/or for better job prospects for the custodial parent is a common situation the court sees often and usually approves. If a parent's circumstances improve, so does the child's life improve is the rationale.

          What you need to do is petition the court to modify the custody/visitation decree that was made -- based upon change of circumstances -- the impending marriage, the necessary move out of state to reside with your new husband and better job prospects for you in the new state.

          Visitation schedule would be modified, accordingly. What is common is to revise the parenting plan around holidays -- alternate Christmas's or Christmas Eve with one parent, Christmas Day with the other. Parents' birthdays, Mother's Day, Father's Day - school breaks with the non custodial parent, extended time over the summer, e.g. a month or so -- depending upon the child's age. Usually the parent that moved absorbs the transportation costs.

          When you make the motion, you might also wish to inform the court that the father is delinquent in support for x months, x dollars.

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          • #6
            Re: Getting married and husband lives in another state?

            Being behind in support will not have any impact on visitation. I agree visitation order will likely be changed and you best be ready for longer visits with other parent and child spending most if not all of summer vacation with other parent

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            • #7
              Re: Getting married and husband lives in another state?

              Originally posted by sunlover View Post
              Being behind in support will not have any impact on visitation. I agree visitation order will likely be changed and you best be ready for longer visits with other parent and child spending most if not all of summer vacation with other parent
              As to time with the other parent, that will be partially dependent upon the age of the child. If a 1 or 2-year old toddler, not likely.

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