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  1. #1
    jedani66 Guest
    I would like to relocate to Boston with my three children. Their father/my husband first agreed to move. I started making plans, job hunting, house hunting, etc. I now have the opportunity to move and he decides he does not want to move. He is threatening taking custody of them if I decide to go anyway. We have had problems in the past due to his alcoholism, but he has been clean for three months, which is why I decided now would be a good time to start over. My whole family is in Boston and his family is here in NY. Is there any way he could obtain custody of the children if I were to move with them and without him?
  2. #2
    LadyBlu Guest
    Originally posted by jedani66
    I would like to relocate to Boston with my three children. Their father/my husband first agreed to move. I started making plans, job hunting, house hunting, etc. I now have the opportunity to move and he decides he does not want to move. He is threatening taking custody of them if I decide to go anyway. We have had problems in the past due to his alcoholism, but he has been clean for three months, which is why I decided now would be a good time to start over. My whole family is in Boston and his family is here in NY. Is there any way he could obtain custody of the children if I were to move with them and without him?
    What does your custody order state about moving away? Most orders have provisions for moving children away, stating that the cp needs court approval to move out of state. Or that you must give the NCP so many days written notice prior to the move, in case it is disputed, to give NCP time to petition the court against the move.

    I can say that if you move out of state before going through the procedures outline by the order, you could lose custody of your children.
  3. #3
    jedani66 Guest

    moving children away from their father

    We are still married. That is where the problem is. We have never even talked about divorce but I would like to move next spring to Boston from NY. He still refuses to go. My whole family is there. His children are not in school yet.
  4. #4
    Ambr is offline Senior Member
    Join Date
    Jan 2001
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    okay....let me give this one a shot!

    if you are still legally married, then you have NOTHING stopping you from relocating back to Boston with your children.

    BUT**************..

    If he is determined to stop you from relocating, then there are things that he can do. The first would be to take you to court for a divorce and to establish custody and visitation. He can do this, the day that you leave. If he filed in new york, then new york will have jurisdiction and all hearings will be in that state. You can also file when you relocate (if he doesn't first), but most states require a 6 month residency to be able to do so.

    He can request custody, he can also request that you not be allowed to relocate. if you already have, the judge can make you move back or you give up your kids.

    there are a couple of things that you have going for you, and that is that your family is there and that the kids aren't in school.

    you best interests would be to stay there (if the divorce is going to happen) and to get the custody and visitation schedule established. let the judge know from the beginning that you intend to relocate back to Boston (this will save on a new hearing later down the road, clear it all up at one time). be able to show that you are returning to your family, the type of lifestyle and environment that the children will be growing up in. have an established visitation schedule that allows their father plenty of time and be lenient on additional time that he may requests.

    any records of his alcoholism? treatments? DWI's? anything on paper for proof that he has an alcohol problem? of course, he is clean now and shows that he is trying to improve. as long as he has that going for him, the past is just that - the past.

    hate to be the doom and gloom, but i am going through a relocation now and this is all stuff that i was not aware of at the time. so i wanted you to know before you just up and take off.

    good luck!

    ambr

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