Moving Out Of State

name of your state?Mn. I am the mother of two children girl 10, boy 13. I have been divorced from my abusive husband for almost 1 year. It took three years to complete my divorce though legal aid. I have met a wonderful man who has stood by me though out my divorce and other issues. I want to move out of state MT with my fiance who want to make it our home. We have opened bank accts, found a place to rent until we find our home to buy, have looked into the school for my daughter.

I have allowed my son to move in with his father, BIG MISTAKE. His father has now poisoned my son's mind and it seems like my son can't stand me or my fiance.

My children do not want to move. Of course I understand that because of all there friends and there father & father's family.

I do not have any family in Mn. was raised in orphanages. My fiance however does have family here.

My ex and I have legal custody but I have physical cutody of our children.

My ex refuses to let me take the children out of state. I asked him to sign a agreement which would let him have the children during the summer months and Thanksgiving. Suggested he type his own agreement but asked me if I have lost my mind.

My 13 boy refuses to come to MT. My daughter is not a happy camper either because she believes, and was told that she would never see her father or her brother again by her father.

There father hasn't paid child support owes me over $5,000.00, does not have a job. Doesn't have a driver's license because of his non payment of child support. He has a drunk for a girl friend, who has blacks out and has a older son driving my children to our exchange meeting place that has had his license/auto revoked because of his DWI.

There father has said that he'd see me in jail before he lets the children go to Mt. He had my son snoop around in my bedroom and now has close up pictures of my drug use. I no longer use drugs becauses he has threathen to use these pictures once before and also because I don't need the drug if it will cause me to lose my children. Rather have my children than use. I have taken a UA Test 7 different drugs and all came out neg. My son still doesn't believe me when I tell him that I have stopped.

There father believe that WHITE IS RIGHT when living with him we couldn't even watch a TV program or newcast that had black people in it.

I have a court date in Sept. 2004 was the soonest I could get to file my motion. I know I need a lawyer to help me with this motion because my ex will use his mother's money to get what he wants.

I would like to know what I can do to take my children out of state where I stand legally.

Thank you

[djohnson]

As much as I may feel for you and especially your children, your post is full of feelings and opinions and very little facts to base an answer on. What does the custody agreement say? Is there a provision for moving out of state? Is moving out of state what is in the childrens best interest? or is it in your and your fiance's best interest? Is he a bad father or just a bad husband? CS and custody are two separate issues and will be handled as such.