How can I move out of state if my ex/ childrens father doesn't want me to?

Question

My Ex has known for years now my desire to move out of state. Both myself and children desire this move to Florida and the only way I can go is basically if I "rekindle" with him and he comes with me. I dont want to do this but have family in florida and can provide a better life style (by making more money) in Florida. My Divorce says I have to stay in NY, Monroe County. Is there a way to get this changed through court, or is it enough for him to simply tell me I cant go.??? Help What do I need to prove in order to have a judge over ride that and allow me and my children to move. Also, do my children have a say in what they want? there 5 and 9?

Answer 1

You can petition the court to allow the move over his object -- if you have a good reason to move.  Talk to a local lawyer about what constitutes a good reason and how you'll have to prepare evidence.

Answer 2

The law sucks sometimes.  If you want to move, he has to OK it, unless he never sees the kids, doesn't pay support, etc. then you can move with the court's OK.

But if he wants to move, and never see the kids again, it's ok...

what a bunch of c**p.

Answer 3

You can have your divorce agreement amended if there is valid reason for you to move. Consult your divorce attorney and NY divorce law.

Answer 4

Without the fathers or court wrtten permission, you cannot go.

he court fels it is wrong for you to take a cild away from his father.

If you go without court approval (or fathers) you will be arrested, go to jail and lose you child.  The courts take this very seriously.

The court most likely will not let you go unless there is a HUGE reason for your kids to go, like a hospital they need to go to.

More money, etc., does not cut it..

Answer 5

You can petition the court, however you will have to prove that you have or will have a job and the ability to provide better for your children - including a home, health care, schooling and such.  It is possible, but will take some work on your part to provide the proof for the court.  Usually children do not have much of a voice in court decisions and your children are a bit young for the court to consider their wishes.

good luck!