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Can i legally move out of state with my children.

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justamom2019

New member
I live in the state of Idaho and have no custody agreement. I get child support and that states that my children live with me on a full time basis, but we have not gone to court to make a custody agreement. we are currently still married but have been separated since November 2017. My ex was a seriously abusive person for 7 years and when i left him in november of 2017 i had him arrested and charged with domestic violence. He is still trying to control me through my children and has threatened to have me arrested for letting my boyfriend (who has absolutely no criminal history what so ever) around my children. he states that just because he is the father of my children he is allowed to control what i do with them and who i have them around. I am trying to plan to move to the state next to me (Utah) with my children but i dont have the money or time to fight with him in court. So my real question is without having a custody agreement that states i cant move, would it be legal for me to move with my children?
 


Just Blue

Senior Member
I live in the state of Idaho and have no custody agreement. I get child support and that states that my children live with me on a full time basis, but we have not gone to court to make a custody agreement. we are currently still married but have been separated since November 2017. My ex was a seriously abusive person for 7 years and when i left him in november of 2017 i had him arrested and charged with domestic violence. He is still trying to control me through my children and has threatened to have me arrested for letting my boyfriend (who has absolutely no criminal history what so ever) around my children. he states that just because he is the father of my children he is allowed to control what i do with them and who i have them around. I am trying to plan to move to the state next to me (Utah) with my children but i dont have the money or time to fight with him in court. So my real question is without having a custody agreement that states i cant move, would it be legal for me to move with my children?
Yes. If would be "legal". Don't be surprised when Dad goes to court and gets an order for the children to be returned to their home state.

You really need to finish off your divorce and request permission from the court to move the children. If granted, you will likely be ordered to pay for all costs of transporting the children for visitation.
 

justamom2019

New member
Yes. If would be "legal". Don't be surprised when Dad goes to court and gets an order for the children to be returned to their home state.

You really need to finish off your divorce and request permission from the court to move the children. If granted, you will likely be ordered to pay for all costs of transporting the children for visitation.
I would have absolutely have no issues transporting children to and from my ex for visitation. I already live 2 hours from my ex and have always taken them to see him. He has never asked to see my children i have to set up the visits when my children ask about seeing him. Im sure the visitation wont change. He currently lives with a sex offender and can only see my children away from his home anyway.
 

LdiJ

Senior Member
I live in the state of Idaho and have no custody agreement. I get child support and that states that my children live with me on a full time basis, but we have not gone to court to make a custody agreement. we are currently still married but have been separated since November 2017. My ex was a seriously abusive person for 7 years and when i left him in november of 2017 i had him arrested and charged with domestic violence. He is still trying to control me through my children and has threatened to have me arrested for letting my boyfriend (who has absolutely no criminal history what so ever) around my children. he states that just because he is the father of my children he is allowed to control what i do with them and who i have them around.
Of course he does not have that power. He can neither have you arrested nor control who you have around your mutual children.

I am trying to plan to move to the state next to me (Utah) with my children but i dont have the money or time to fight with him in court. So my real question is without having a custody agreement that states i cant move, would it be legal for me to move with my children?
Would it be legal? Probably. Could he make a big legal mess of things and force you to return to Idaho with the children? Yes, absolutely.

It's time for you to bite the bullet and get a divorce. As part of getting the divorce you can ask the judge for permission to relocate with your children to another state.
 

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