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  #1  
Old 12-29-2007, 06:54 PM
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Ex wife wants to leave state and take children


What is the name of your state? Arizona

My divorce was final this past summer. Court ruled I (husband) have 50% custody, pay child support to part-time working ex-wife and spousal support for 3 years. It was a good, fair agreement ruling. Now, ex-wife wants to take a full time job in another state and take the children with her. The letter from her lawyer suggests that the judge would let her because it is such a lucrative offer (she will be making more than I do). In order to continue seeing my kids I would have to quit my job and move to nowhere's-ville without one. She has made no reasonable effort to look for a full-time job in Phoenix (she just wants to go back to working for a company she used to work for). Is there any reason to think a judge would change his ruling and let her do this? I am a good Dad and husband, no record, drugs, or reason I shouldn't still get my 50%. If she moved but left me with 100% custody that would be fine. Thank you in advance.What is the name of your state?
  #2  
Old 12-29-2007, 07:37 PM
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Posts: 19,155
Don't listen to your EX's lawyer! Get your own and file to stop the move. Or to transfer custody to you and let mom move anywhere she wishes.. Sounds like mom's plan all along was to get divorced and deliberately find a way to move the kids away from you. No doubt she'd be able to find a somewhat comparable job in the area, unless she has some really unique job skill, like Marine Biologist, Exotic Animal Veterinarian or Volcano Researcher .

You need to fight for your children's stability - same school, community, friends, if possible. Are you able or willing to move into their current school district so that Mom's move away will not disrupt them at all if you take over custody? You already have 50% custody, after all.

If she's making so much more, then she can pay YOU child support.
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Last edited by nextwife; 12-29-2007 at 07:40 PM.
  #3  
Old 12-29-2007, 07:43 PM
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Join Date: Jul 2007
Posts: 1,177
Quote:
Originally Posted by bluebay View Post
What is the name of your state? Arizona

My divorce was final this past summer. Court ruled I (husband) have 50% custody, pay child support to part-time working ex-wife and spousal support for 3 years. It was a good, fair agreement ruling. Now, ex-wife wants to take a full time job in another state and take the children with her. The letter from her lawyer suggests that the judge would let her because it is such a lucrative offer (she will be making more than I do). In order to continue seeing my kids I would have to quit my job and move to nowhere's-ville without one. She has made no reasonable effort to look for a full-time job in Phoenix (she just wants to go back to working for a company she used to work for). Is there any reason to think a judge would change his ruling and let her do this? I am a good Dad and husband, no record, drugs, or reason I shouldn't still get my 50%. If she moved but left me with 100% custody that would be fine. Thank you in advance.What is the name of your state?
The letter from her lawyer is, in part, to intimidate you. She will have to show the court that this move is the best interest of the kids, not her.

The court are big on both parents having access to the children, so you could contest this move and possibly get custody of the kids, or keep her from moving. How old are the kids? Where is the rest of the family, Grandparents etc... What type of work would she be doing at this new job? How likely is it that she could get a similar job in your area?
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  #4  
Old 12-30-2007, 03:11 AM
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Join Date: May 2004
Posts: 41,433
If you didn't have 50% custody (I hope you mean that the timeshare is a true 50%) then mom's attorney might be right. A judge might allow the relocation if the opportunity was that strong....but give you the lion's share of the children's non-school time.

However, if you truly do have 50% custody then you have an extremely strong case for mom being denied the right to relocate with the childen. You need your own attorney on this one.

Edit to add: How old are the kids? Their ages could also factor in.
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