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Moving back home....how does this affect custody?

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M

mzroisland

Guest
I currently live in TN with my daughter and my husband. I have joint custody (but placement is with me) with my ex. We both lived in DE in 1999. In Novemeber 1999 my ex moved to TN. Hard times and a bad job market helped my husband and I decide to move, we chose TN so the father could be more involved in his daughter's life like he promised. All custody papers are from DE. My husband and I are moving back to DE (Delaware) next month. Are we legally liable to notify my ex? The custody was never transferred to TN (it was going to cost $1500, money we do not have). I have been given a scholarship to school back home (college) and my husband has been offered a wonderful job. Here in TN (Tennessee) we struggle daily with enough money for food, rent, bills, especially since my ex hasn't paid any child support since April 2000. Well, it has been one year since I have seen a dime from him. His home (a trailer) was reposseed, and he owns two brand new cars, a mustang and truck, but hasn't paid for so much as diapers for his little girl. If he buys her anything, he keeps it at his mother's house and doesn't send it home with her (clothes, toys). He visits with her every other weekend, for one night at his mother's since he and his new wife are over-the-raod truck drivers. Sorry, this is long, but I feel I need to get all the facts out. Anybody know a lawyer willing to give me some free advice over the phone?
 


L

LadyBlu

Guest
mzroisland said:
I currently live in TN with my daughter and my husband. I have joint custody (but placement is with me) with my ex. We both lived in DE in 1999. In Novemeber 1999 my ex moved to TN. Hard times and a bad job market helped my husband and I decide to move, we chose TN so the father could be more involved in his daughter's life like he promised. All custody papers are from DE. My husband and I are moving back to DE (Delaware) next month. Are we legally liable to notify my ex? The custody was never transferred to TN (it was going to cost $1500, money we do not have). I have been given a scholarship to school back home (college) and my husband has been offered a wonderful job. Here in TN (Tennessee) we struggle daily with enough money for food, rent, bills, especially since my ex hasn't paid any child support since April 2000. Well, it has been one year since I have seen a dime from him. His home (a trailer) was reposseed, and he owns two brand new cars, a mustang and truck, but hasn't paid for so much as diapers for his little girl. If he buys her anything, he keeps it at his mother's house and doesn't send it home with her (clothes, toys). He visits with her every other weekend, for one night at his mother's since he and his new wife are over-the-raod truck drivers. Sorry, this is long, but I feel I need to get all the facts out. Anybody know a lawyer willing to give me some free advice over the phone?
You would need to read your court order about moves to determine if you need to notify him or not. Since the first move to TN did not affect his visitation privileges but this one would, I would suggest you give him written notice of the intent to move within 30 days of the expected move. This is to give him time to petition the courts to contest it. Which, if he is a OTR trucker, and behind in support... I seriously doubt that he will be able to contest it and win.
 

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