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protecting my parental rights if i move out of state without taking kids

This is a discussion on protecting my parental rights if i move out of state without taking kids within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; My ex and I have joint custody of our 3 children. I am planning to move out of state but ...

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Old Jun 7th, 2010, 07:11 PM   #1
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Confused protecting my parental rights if i move out of state without taking kids

My ex and I have joint custody of our 3 children. I am planning to move out of state but I am not taking the kids with me, I want them to stay with my ex. What do I need to do to ensure my ex doesn't say I abandoned my children and what do I need to do to ensure I will always have contact/visitation with them? My ex is a very horrible person who made our divorce very complicated and still has resentment issues with me. I just want to protect my right to my children and my relationship with them. I will be gone for about 2 years. The only thing our divorce decree states is that either of us give 90 days notice to the other if we intend to move. I cannot afford a lawyer but I need to protect myself. Thanks for any help!
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Old Jun 8th, 2010, 09:25 AM   #2
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Default re: protecting my parental rights if i move out of state without taking kids

You can agree a court order requiring visitation and get the judge to sign it.
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Old Jun 8th, 2010, 06:26 PM   #3
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Confused re: protecting my parental rights if i move out of state without taking kids

I don't believe you can lose what you have but if you need to change the visitation agreement you will need her consent to the new schedule or a new court order. Speak to a lawyer first, I'm not a lawyer but I would suggest sending her a registered letter explaining your move, when, why and for how long and that you are not abandoning your children. I would stay in regular contact with their teachers and anyone else they are involved with doctors, dentists and most important the kids themselves. Stay involved in the major decision making for the children.

I don't know how old your kids are... why your leaving... there are many things you need to look into to protect yourself. Many lawyers offer a free consultation, call and get some professional advice. Have any Court Orders with you when you speak to someone.

I would guess that as long as you can prove you didn't abandon them (the registered letter and continued contact) I can't see a judge taking away your rights. You can ask for an interim schedule specifically for the time you are away but she would have to agree or you need a court order. I don't know what your child support obligations are but if there has been any adjustment made because of the time the children lived with you or you were receiving the support expect that to change.
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