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Having problems with ex in laws too!

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scoots-js

Guest
What is the name of your state?Arkansas- I have custody of my son and my ex has limited supervised visitation rights at my house, My ex has been in and out of jail,is heavly into drugs and drinking and is parinoid schizophrenic-untreated.HIs mother makes all the decisions for him which inclueds him dealing with my son, I want free of this, I want to move but have been treatened that if i left with my son she would call a lawyer,basically if i left the state. I want to make a better life for my son,and am feeling trapped here.She gets very mad when i dont let my son go to her family reunions and this is what I face all the time,when I try to explain to her that i dont think my son should be around certain members of her family that openly does drugs and drinks she denies that it happens,but I have seen it and know it is so! What rights do I have if any agianst her and this baddering?Can I leave the state and if so do I have to send my son there for part of the year to be with them? Under what I have said can I get total custody without any visitation from my ex? Actually it isnt my ex thats the problem but her that is acting on this...Please help if you can thanks
 


LdiJ

LdiJ

Senior Member
scoots-js said:
What is the name of your state?Arkansas- I have custody of my son and my ex has limited supervised visitation rights at my house, My ex has been in and out of jail,is heavly into drugs and drinking and is parinoid schizophrenic-untreated.HIs mother makes all the decisions for him which inclueds him dealing with my son, I want free of this, I want to move but have been treatened that if i left with my son she would call a lawyer,basically if i left the state. I want to make a better life for my son,and am feeling trapped here.She gets very mad when i dont let my son go to her family reunions and this is what I face all the time,when I try to explain to her that i dont think my son should be around certain members of her family that openly does drugs and drinks she denies that it happens,but I have seen it and know it is so! What rights do I have if any agianst her and this baddering?Can I leave the state and if so do I have to send my son there for part of the year to be with them? Under what I have said can I get total custody without any visitation from my ex? Actually it isnt my ex thats the problem but her that is acting on this...Please help if you can thanks
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Your ex can possibly stop you from leaving the state. If you leave without either his or the court's permission, the courts might make you return. So don't moving away without petitioning the court for permission to relocate.

The risk that you take in moving, is that the court will either change the supervised visitation to unsupervised, or that the courts will decide that grandma is an adequate supervisor. The court certainly won't take visitation away from him entirely unless you can demonstrate that he is truly dangerous to the child, even WITH supervision.

The best you could hope for is that a judge would leave the supervised in place, and that he would have to visit in your new location....however that isn't very likely at all.
 
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scoots-js

Guest
ms.

Ok I am confused here,when filinf for the Divorce Ia sked about leaving the state,he said as long as its not in the Divorce papers and if I have custody of the child,I can go anywhere I want because,I have custody...So now this is wrong? I have to ask permission to leave the state?
 
stealth2

stealth2

Under the Radar Member
At the very least, you would likely have to provide notice to your ex of your intention to move - and he would then be allowed to file a motion to restrict you from moving the child.
 
LdiJ

LdiJ

Senior Member
scoots-js said:
Ok I am confused here,when filinf for the Divorce Ia sked about leaving the state,he said as long as its not in the Divorce papers and if I have custody of the child,I can go anywhere I want because,I have custody...So now this is wrong? I have to ask permission to leave the state?
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Technically no, you don't need permission to leave the state. However he has the option of filing a custody case and asking the judge to force you to return...and judge's often DO that.
 
V

VeronicaGia

Senior Member
scoots-js said:
Ok I am confused here,when filinf for the Divorce Ia sked about leaving the state,he said as long as its not in the Divorce papers and if I have custody of the child,I can go anywhere I want because,I have custody...So now this is wrong? I have to ask permission to leave the state?
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And if you do move, are you willing to pay for and do all the traveling to continue the father/child relationship he has established and as ordered by the court? Since you will be the one moving, it is likely that you will be the one paying.
 
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snostar

Senior Member
scoots-js said:
Ok I am confused here,when filinf for the Divorce Ia sked about leaving the state,he said as long as its not in the Divorce papers and if I have custody of the child,I can go anywhere I want because,I have custody...So now this is wrong? I have to ask permission to leave the state?
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It depends on what your Court Order says. Usually, all you need do is to file a notice of change of address, but if there are other orders in the original custody order, then follow them to the letter.
 
stealth2

stealth2

Under the Radar Member
snostar said:
It depends on what your Court Order says. Usually, all you need do is to file a notice of change of address, but if there are other orders in the original custody order, then follow them to the letter.
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OR if there is a state statute requiring it.
 
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nextwife

Senior Member
And it is highly unlikely, should you get approval to move, that the father's right to continued visitation with his child, even if supervised, would cease. This would likely mean a typical out of state vistiation arrangment, except that the child would likely need to stay with whomever is supervising or some other arrangemnet would be made- but dad's who are mentally ill still have aright to see their child, as do moms who are.
 
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