Deperate need of advise

[lovestofly617]

What is the name of your state (only U.S. law)? CO

I filed for divorce and my final court date is set for June 24th.

The problem is that I got laid off from work on Wednesday of this week and I had a job interview on the same day. The job interview is for a job in a Texas as I live in Colorado. The employer asked if I was given a letter of verification of employment will the judge allow me to move with my children to Texas before the court date. I don't know that answer.

My ex-husband(soon to be) is a full-time student in college and is not working therefore my ex-husband can not support his children.

With the economy in the shape that it is in, does anybody know if the judge would allow me to move with the children before the court date?

Any help would be appreciated.

Thanks
lovestofly

[Silverplum]

Originally Posted by lovestofly617

What is the name of your state (only U.S. law)? CO

I filed for divorce and my final court date is set for June 24th.

The problem is that I got laid off from work on Wednesday of this week and I had a job interview on the same day. The job interview is for a job in a Texas as I live in Colorado. The employer asked if I was given a letter of verification of employment will the judge allow me to move with my children to Texas before the court date. I don't know that answer.

My ex-husband(soon to be) is a full-time student in college and is not working therefore my ex-husband can not support his children.

With the economy in the shape that it is in, does anybody know if the judge would allow me to move with the children before the court date?

Any help would be appreciated.

Thanks
lovestofly

NO WAY.

You may move wherever you wish, but the children are under the jurisdiction of the Colorado Courts. They do not move anywhere without permission from the Court -- and from their father.

[LdiJ]

Originally Posted by Silverplum

NO WAY.

You may move wherever you wish, but the children are under the jurisdiction of the Colorado Courts. They do not move anywhere without permission from the Court -- and from their father.

I will correct that to be the permission of the court OR their father.

[Silverplum]

Originally Posted by LdiJ

I will correct that to be the permission of the court OR their father.

True -- thanks.

[lovestofly617]

So if I get the Father's permission or the courts permission I could move before the final court date. How would I be able to get the courts permission before the court date. Would providing a letter of verification of employment to the courts help?

[Silverplum]

Originally Posted by lovestofly617

So if I get the Father's permission or the courts permission I could move before the final court date. How would I be able to get the courts permission before the court date. Would providing a letter of verification of employment to the courts help?

No!

You are not getting the Bigger Picture -- you are NOT allowed to move to another state WITH the children AT ALL, without Court or Dad permission. EVER. Before, during, after court orders.

You cannot remove the children from their family just for your job offer. Not for a boyfriend, not for a school. Not at all.

The Court doesn't care about your new job offer, and that is not a "good enough" reason to remove the children from their home.

Further, just because Dad is in school does not mean he doesn't have to pay child support. He does.

I can't imagine who is advising you in these legal matters, prior to your posting here. Fire that person.

[LdiJ]

Originally Posted by lovestofly617

So if I get the Father's permission or the courts permission I could move before the final court date. How would I be able to get the courts permission before the court date. Would providing a letter of verification of employment to the courts help?

If dad would actually give you permission, in writing, notarized and you showed back up for court on June 24th you could move with the children.

Otherwise, you are going to have to petition the court to move, and petition for that issue to be heard at your final hearing. There is no guarantee whatsoever that the court will grant you permission to relocate with the children, if dad is opposed. The court will have to hear evidence regarding the issue and make a decision based on the evidence.

I would strongly recommend that you diligently search for jobs in CO. You have only been laid off for two days. Not enough time has passed to show that you have diligently searched for work in CO.

[Silverplum]

Originally Posted by LdiJ

If dad would actually give you permission, in writing, notarized and you showed back up for court on June 24th you could move with the children.

Otherwise, you are going to have to petition the court to move, and petition for that issue to be heard at your final hearing. There is no guarantee whatsoever that the court will grant you permission to relocate with the children, if dad is opposed. The court will have to hear evidence regarding the issue and make a decision based on the evidence.

I would strongly recommend that you diligently search for jobs in CO. You have only been laid off for two days. Not enough time has passed to show that you have diligently searched for work in CO.

Yes! There is NO WAY a Judge is going to say, "Hey, 2 days of *effort* is more than enough. Go ahead, take the children from their father, their schools, their friends, their lives and move a thousand miles away."



The very fact that the poster is attempting this tells ME that she wanted to move all along -- and is merely moving forward (too quickly) with her Big Plan.

[lovestofly617]

Thank you for the advice.

[mistoffolees]

Originally Posted by Silverplum

Yes! There is NO WAY a Judge is going to say, "Hey, 2 days of *effort* is more than enough. Go ahead, take the children from their father, their schools, their friends, their lives and move a thousand miles away."

Well, the father doesn't object, and the mother's OK with it, too, so I'm not sure why you're so worked up about it. Seems to me that the wishes of the parents ought to carry a bit more weight than a stranger on a bulletin board.

If OP has the father's OK and has good reasons to move (a job in TX and nothing in CO - and no guarantee of anything even if she looks HARD for months), the judge might very well allow it. In fact, there's a very good chance.

[Silverplum]

Originally Posted by mistoffolees

Well, the father doesn't object, and the mother's OK with it, too, so I'm not sure why you're so worked up about it. Seems to me that the wishes of the parents ought to carry a bit more weight than a stranger on a bulletin board.

If OP has the father's OK and has good reasons to move (a job in TX and nothing in CO - and no guarantee of anything even if she looks HARD for months), the judge might very well allow it. In fact, there's a very good chance.

Reading is good. Give it a try.

She never said a single word about the father's point of view, his acceptance, nothing.

Her biggest "problem" is that she has a job lined up in TX and wants to move (with the children) before the divorce is even final.

Who lives, works, and studies in Colorado? Not you.

[mistoffolees]

Originally Posted by Silverplum

Reading is good. Give it a try.

She never said a single word about the father's point of view, his acceptance, nothing.

Her biggest "problem" is that she has a job lined up in TX and wants to move (with the children) before the divorce is even final.

Who lives, works, and studies in Colorado? Not you.

She said "So if I get the Father's permission or the courts permission I could move before the final court date. "

I should have said "if" in my post, but she's clearly implying that it's possible that the father might agree.

Furthermore, it is also possible that the court would allow it EVEN WITHOUT the father's approval. They will consider things like:
- How long they've lived in CO
- Whether the kids lived in TX before that
- Presence of family in TX
- How active the father is in the kids' lives
- Availability of jobs
Courts allow one parent to move the kids out of state against the other parents' wishes all the time. There's no guarantee and it's better to have agreement, but it happens - in spite of your assertion that the judge would never allow it.

The point is that you are not in a position to tell her she can't do it. If the father agrees, the court is going to allow it - while you implied that there was no way.

And, while I don't live in CO, I do know what the job market is like right now. She doesn't have a job in CO and does have one in TX. There is absolutely no guarantee that she can get a job in CO - whether she tries for 2 days or 2 years.