What can my husband and I do to keep my step children in Idaho?

Question

My husband and I have made plans to move to Idaho to be closer to his kids. Just as his ex-wife hears about this she decides that she wants to move out of state "to be closer to a friend". It says in the divorce decree that she can't move the kids out of state without my husbands consent. The kids have grown up in Idaho and we agree that it would be better for them to stay besides we don't want to follow her around the states just because she doesn't get along with the kids' father anymore. What can we do if she moves the kids out of state anyway? Does anyone know?

Answer 1

Well first, do you have proof of you guys notifying her that you wanted to move to Idaho? If so, this could help you immensely in court and be grounds for a custody change. If not, then it’s your word against hers and she still will be held in contempt of court.

Otherwise, you need to take her to court for contempt and remind her of your court order. I’d also ask for more visitation in that same time being that you’ll now live in Idaho closer to the kids. Request the most you can and see what you can get out of it.

We use this site quite often as lawyers just cost too d**n much: www.deltabravo.net

Good luck!!

Answer 2

a lawyer can resolve this if it's in the divorce decree. Alert the court

Answer 3

she will be in violation of a court order so let her try it consult with a lawyer

Answer 4

As long as she hasn't taken them out of state yet, there isn't really much you can do...unless you want to go to court and obtain complete custody. As it stands now, she hasn't violated the divorce decree yet. However, you really need to consult your lawyer on this matter. At the very least, he can send her a letter reminding her of her legal obligations; you'd be surprised how compliant people become when they get a letter or a phone call from a lawyer.

If she actually violates the decree and removes the children from the state, then you can go to court, file a motion finding her in violation of her legal obligations, require the immediate return of the children to the state, and then file for complete custody.

Answer 5

If she moves them out of state, she could be arrested and lose custody. Does she know that? Talk to your lawyer and find out what your options are, and what you can do should she try and move.