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Your Assistance...please! (Family Law)

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• Sun, 02 Jun 2002 16:23:00 GMT(1)
• I am in a different state, but since you haven't had any responses, I thought I'd let you in on our past experience and my opinion.
  1st, do you have a visitation/custody order and if so, does it require you to have the ex's permission before making a move? How close are the two of you to getting married? How long have you been together? If you've been together for a month or two and plan to get married next week, well, a court may think you're nuts. I assume if you are planning to move because of his job, you're more serious than that.
  I would first send the ex a certified letter as soon as you have definite plans such as a time frame for moving, notifying him that you plan to move and why (the job offer that would give your household a stable source of income etc)
  Usually what I have seen and experienced is that if the custodial parent is moving because of a better (or the only) job opportunity, the ex can't make you stay and the court most likely will not make you. And with the situation with your ex not having much of a relationship, if any, with your child, I don't think he has much of a chance making you stay.
  The court usually takes into consideration the bond and relationship between the ncp and child and whether the child will be harmed irreparibly by the move. If the situation is the way it sounds, the child would probably be more harmed if a relationship if forced at this point, so I wouldn't worry a whole lot about it, BUT...If I were you, I wouldn't plan to go to court without an attorney on this one.
  My husband's ex has visitation and had more visitation before we moved out of the state. She had an emergency order drawn up and served on him, but when the court date came along, it was thrown out and he was given permission to move. That was mainly based on the fact that he had sent her a certified letter notifying her of the move, almost six months in advance. When the judge saw a copy of the letter, he immediatly threw out the case.
  Good luck
• Sun, 02 Jun 2002 22:21:00 GMT(2)
• Thank you for responding "coolmomof4"!
  Here are the answers to your questions...
  How long have we been together? 2years
  When do we plan on marrying? We were going to go to Vegas at the end of July. Neither one of us want a big wedding and we thought this would be an interesting way to take the big plunge!
  Do we, the father and I, have a custody/visitation order saying that I need his permission to leave? Last week, I wrote to the child support agency asking for any papers that the father and I signed. I was 17 years old when I had my son and I really dont remember what I signed, if anything. I was scared and nervous of being a mom so young so I really am not sure of what I did, so I am trying to get ahold of all papers from anywhere to see where we stand.
  I do in fact already have a lawyer. It just so happens that my fiance's father is a lawyer and he said he would be happy to help me if need be. I know I can ask him questions in regard to this, but I thought I would see what other people have to say, especially if they have been in a situation like mine. Once again...thank you for your response!
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