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***URGENT*** Custodial Parent Moving w/child to different State w/abusive Husband

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state: alabama

thursday a week ago my husbands ex-wife informed him that she had sold her house, land, taken his daughter out of school and given her notice at work and was moving to arizona on July 5th. she remarried (in march) the man she had divorced (in november). The reason for divorce was for abuse but was not recorded as abuse. we have her father admitting on tape that she had indeed been abused, but we had no proof (we do now.) we even have her stating on tape that he doesn't do that anymore that he has changed. she wants to take his daughter from one end of the states to the other end of the states. we don't have alot of time. my husband pays child support religiously and sees his daughter every chance he gets. right now she is only 30 minutes away. i quess what i am asking for is any advise of information on this matter. We are desperate.

[Edited by ktmatthews on 06-09-2001 at 09:02 PM]


Senior Member
you have to act quick - there are usually time frames on this. (usually 30 days after you have been notified) also, there are usually time frames on when she can leave. say, she notified you last week, she can't leave for 45 to 60 days (depending on state laws). you have a certain time frame (usually 30) from the time you receive notification to contest the relocation.

you file a motion to contest the relocation and also to keep the child in the state until the matter is heard in court.

you then show that she was involved in an abusive relationship. that she divorced because of the abusive relationship - try and get the court records, see if anything is mentioned in the transcripts. that she has remarried him. she says he has changed - has he had counseling? what has he done to better the situation?

be able to show that your husband has been active in the life of the child. that he has used every visitation and requested additional, he attend her school functions, he goes to her extra ciricular activities. he is involved 110% in the life of his child. and then be able to show that would drastically be affected if she were allowed to move.

can you afford the transportation costs of visitation? it would be a financial burden? the age of the child is getting to were you would be afraid there would come a time that the child would not want to travel for the visitation.

and on top of everything else, you are afraid for your child because of the history that the stepdad has.

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