Moving out-of-state

[doin-it-myself]

What is the name of your state? Indiana.

My ex and I have joint legal custody of our 14 yo daughter. With primary is to be me throughout the school year and then revert to him for summer and all other visitation applies at all times for both parties. Her is what is going on. This custody took place in March of 2003, for his very first summer custody, I took my daughter to him and within the very first week of his custody time him and hiswife sent her back home. Even when he gets her for visits for only a week they always send her home within the first few days. He has not paid a dime on her for any reason minus Christmas since she has been with me. Now I want to move to WY in June and I need to know what I can do legally to be able to do that. My fiance' is in the Military in Cheyenne and he has full sole custody of his own two children. My daughter wants this move as bad as I do. I can prove in court about his lack of visitation and him not abiding to his part of the custody. He even asked my daughter this past week if she wanted to come with him over summer and she told him no. Any way I am doing this pro-se because I can not afford and attorney and I would like to get some advice on this...What is the first thing I need to do?

 

[abstract99]

What is the name of your state? Indiana.

My ex and I have joint legal custody of our 14 yo daughter. With primary is to be me throughout the school year and then revert to him for summer and all other visitation applies at all times for both parties. Her is what is going on. This custody took place in March of 2003, for his very first summer custody, I took my daughter to him and within the very first week of his custody time him and hiswife sent her back home. Even when he gets her for visits for only a week they always send her home within the first few days. He has not paid a dime on her for any reason minus Christmas since she has been with me. Now I want to move to WY in June and I need to know what I can do legally to be able to do that. My fiance' is in the Military in Cheyenne and he has full sole custody of his own two children. My daughter wants this move as bad as I do. I can prove in court about his lack of visitation and him not abiding to his part of the custody. He even asked my daughter this past week if she wanted to come with him over summer and she told him no. Any way I am doing this pro-se because I can not afford and attorney and I would like to get some advice on this...What is the first thing I need to do?

Well first of all you cannot move out of the area without either dads or the courts permission. Second it is going to be hard to prove the necessity of the move when you are not married to the man yet. You are going to go into court and tell them that you are going to be moving, and therefore creating a change in visitation, because your boyfriend (and YES even though you are engaged, this is all he is until you get married.) is moving to another state and you want to go with him. I would take him to court on contempt of the child support order too. It sounds like you might have a case but what your daughter wants might be iffy when you get to court. Just because your ex has visitatin does not necessarly mean that he HAS to take it. The fact that he does not might help your case in court though. Why does he send her back early?

 

[doin-it-myself]

His wife is the one that sends her back most times but he backs her 100%. As far as paying child support he was just ordered to pay at the beginning of this month (March) for the first time and he is fighting that I have yet to see any money tho. He said that he complies to all guidelines which I have so much proof that he doesn't. To be honest the only reason I have for moving is to start a new life for my daughter and myself. See I am a recovering drug addict I have been clean for over two years. I am finding it harder in this area to keep the drugs away from my daughter and me. I again stopped going out and talking to very many people because I do not want to get involved with it any longer. Where my boyfriend is is a remote part of Wyoming 80 miles south of Cheyenne. The job market in this town is terrible almost non-existant. My daughter's grade are deplorable and the school system in Guernsey is like the second best in the state of Wyoming. Her father origianlly sent her back to live with me when I lived in Nashville TN and didn't even know if I was drug free or not and didn't care. I have totally financially and emotionally supported her the entire time I have had her back. When she does get to see her father I am the one that initiates contact.