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Old 01-27-2011, 03:18 PM
 
12 posts, read 19,053 times
Reputation: 17
Arrow Sole custody parent wanting to move out of Washington...

I want to move out of state next year. My son is 6 years old now and we have a parenting plan in place. I have full sole-custody of my son, his father can go request visitations from court but hasn't. Due to his past drug use and failure to show involvement in his son's life, he has no rights as of now. He'll call me up and want to come see his son, and I have let him before. But then he doesn't like when I say that he needs to be helping me out with raising his son (for example- paying child support) or he needs to schedule a specific time for visiting, he will disappear again for months and months. I have always supervised the visits, but I also have my own live and can't wait around all day for him.

He is over $6200 behind in child support (payments are only $113 a month), he missed half his court dates during the 4 years he insisted on dragging out the court process, and he's had dirty U.A.s when he's actually taken them. His is now trying to get SSI benefits because he's unable to work. SS determined he was disabled because he's bipolar (due to drug use). His dad said he's now cleaned up (as of Sept 2010 when we last saw him), yet didn't go to a treatment center like it stated he must do in the Parenting Plan.

The last time I talked to him I told him I was tired of accommodating to when he felt like seeing his son (he wanted to come over at odd hours) and said that he is more then welcome to go to court and request visitations. He still hasn't.

My question, by law I have to notify the court that I am moving/want to move right? And is it a difficult drawn out process? Should I consider hiring an attorney that deals with family law?

Sorry about the longwinded story, just trying to cover all my grounds of information.
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Old 04-01-2011, 02:42 PM
 
Location: Redmond, OR
84 posts, read 80,396 times
Reputation: 56
Hi,
I just did the same thing. I'm leaving CT for WA. YES, YOU MUST NOTIFY THE COURT AND GET A JUDGE'S PERMISSION BEFORE MOVING!!! I have sole, custody, my ex has never seen my daughter but I still had to get permission. He tried to fight me just because he is a jerk, but then changed his mind as soon as he had to meet her with family services. Then he let me go. But if you do not get a judge's approval, it will be defined as kidnapping since he has visitation rights. That means he has a right to the child so he can say you kidnapped him even though you have full custody. Let me know if you need more info as I just went through this.
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Old 04-03-2011, 01:16 AM
 
Location: Albuquerque, NM
809 posts, read 1,492,478 times
Reputation: 716
The other poster is right. You must get permission. But it's unlikely, with your ex-husband's history, that he could prevent you from moving out of state.

It used to be much easier for parents with sole custody to move out of state. They just had to prove that it would economically improve the quality of their life that they could not get in the current state they lived in. But it is more difficult now because of past court cases and it's now based firstly on the parent's right to see the child (non-custodial). But in your special situation with your ex-husband not seeking visitation, the courts would most likely base it on the child's best interest, which may be moving out of state.

With him not following his treatment plan and his drug problems, I don't think you'll have any issues. It's sounds doubtful anyway that he really cares much about where you live.
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Old 07-11-2011, 08:04 AM
 
6 posts, read 8,578 times
Reputation: 10
I am thinking of moving out of state once I get my degree. My dilemma is the kids father has not come around in 3+ years. (They are 6 and 3 1/2). I dont even know where he lives. So how do you do it? Must you pay for an attorney or can a paralegal file the paperwork?
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Old 07-11-2011, 11:05 AM
 
Location: Redmond, OR
84 posts, read 80,396 times
Reputation: 56
I didn't use an attorney. I filed the papers myself. You need a motion to modify form. You can get it at the court or you can usually download it from your state's judicial website.
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Old 07-11-2011, 11:35 AM
 
6 posts, read 8,578 times
Reputation: 10
Quote:
Originally Posted by clogan98 View Post
I didn't use an attorney. I filed the papers myself. You need a motion to modify form. You can get it at the court or you can usually download it from your state's judicial website.
You were allowed to go in to court on this with no attorney? It does sound like its a simple form. I have 3 years til grad and I am wanting to move to the PNW. I just see him trying to fight me jus because. Thanks for the information! I appreciate it!
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Old 07-11-2011, 11:39 AM
 
Location: Redmond, OR
84 posts, read 80,396 times
Reputation: 56
I've never used an attorney. My divorce, custody, contempt and motion to modify I did myself.
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Old 07-11-2011, 11:44 AM
 
6 posts, read 8,578 times
Reputation: 10
Quote:
Originally Posted by clogan98 View Post
I've never used an attorney. My divorce, custody, contempt and motion to modify I did myself.

That is awesome! I spent several 1000 on mine and for the mere fact that he quit seeing them years ago seems to me he shouldnt have a say..alas the law is the law.
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