I need some advice my ex and I broke up November 27th and we haven't gotten along at all since we have fought almost ever day since we broke up and its about everything but our daughter. Now I have this great opportunity to move to New York with my sister and work in one of the biggest hospitals. He is telling me I can't take my daughter with me when this move can benefit from my kids and me. I've decided I'm going to go means I will be leaving in 2 months. But he's telling me if I leave he will take my daughter from me what should I do? Neither one of us has custody of her yet. Plus I have a son with another man and he is letting me take my son.
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Your daughter should go with you and he has to respect your decision. He sounds mad that you have an opportunity like this, don’t miss out because of him. Take her with you!
I am but I'm going to family court tomorrow
@mama.of.both.2, you're welcome. I'd call the court to ask the general question. And/or consult with a lawyer
@rese oh I will tomorrow first thing in the morning
I agree I think in mine the dad can do something if you leave without his consent. Maybe not take the child away but take you to court. I think he could get you for kidnapping in my state.
Yeah that's what I just read online
Yeah I'd check the laws of your state. In my state if a custody agreement isn't in place, you're free to do whatever.
How do I go about checking the laws of my state. I'm in Delaware and I hope so
@thisqueenzyummy, I think this depends on state laws. They vary from state to state.
@thisqueenzyummy yes your right and I am
In my files, after the divorce, I have to write a notice 30 days ahead of time if I’m even driving out of state with my kids. If I move out of state and he agrees I have to notify the court 30 days prior. If my ex disagrees to me moving out of state with the kids then I have to petition the court and let them decide. They will consider the fact that a better job is in the best interest for you and your child. Without petitioning the court ahead of time tho I’d be afraid you’d be in contempt. (Depending on your stage laws) If they agree to you moving the hardest part for you will be meeting him half way when it’s his turn to have your child and her being that far away from you for a specific amount of time.
I don’t think he can’t just take your daughter since she’s been living with you but you’ll most likely have to go to court and get a court ordered custody order as well as approval to move out of state. This could take awhile.
And state laws do vary so it may be perfectly legal for you to take your child and move out of state since there is no court ordered custody. He can take you to court tho and file for custody. All depends on the judge and who he sympathizes with.
I would def get legal advice before moving depending on your state child custody laws.
Thanks I am going to file and wow that's a lot
@mama.of.both.2, you’re welcome. Just better to be safe than sorry. 😊
If there's no custody agreement you'd have to go through the court to get approval to move out of state with her. He could file kidnapping charges if he were really that upset. Definitely get something put in place and don't just move. It would stink to need to move back and go through all of that.
First off I wouldn't have told him because he technically hasn't cared gor his daughter.
But in this case. I would move away. &' definitely stop talking to him. Especially if it's not baby related. If he hasn't showed any interest in bbg, then why should he if you leaving .
I didnt tell him his mom did because his family be lurking on my Facebook, my sister and I was having a conversation on one of my posts. Right I want to but I dont want him to file a kidnapping charge against me.
@mama.of.both.2, I would speak with a lawyer that deals with child custody. Don’t ever let him take her alone, because until custody is in place, he doesn’t have to give her back. Works in your favor too, nothing in place, your free to take her.
@penelope127 true I'm trying to avoid having to go to court
@thisqueenzyummy, I think this depends on state laws. They vary from state to state.