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Submitted 373 days ago...

adams

adams

New User (1)

Custody & visitation

I am a 28 year old father i work out of town frequently to be able to pay my child support and support myself as well.. when i come back into town i am supposed to be able to pick my children up and keep them for 7 consecutive days and also alternate holidays and so on so forth.. every time i call to get my children it is a fight and my ex wife tells me no i cannot take them because she always has something planned. she also moved out of my county and enrolled the kids in school 47 miles away so that i would have problems seeing them because they are now both in school, so i cant have them during the week. what can i do to see my kids i pay 600.00 a month in child support and it kills me i cant see my kids, is it even legal for her to move out of the county without permission as this inter

 
 
 
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Answer 1 / 5

Submitted 372 days ago...

xfreakgrlx

xfreakgrlx

New User (7)

I am going through a mess myself, i know this wont be an answer you pick but look at your original court orders , if it says you are to have them a certain amount of days etc like you say, i know you can file a petition that says she is violating the orginal court order. Not sure what happens after that because my violation papers are still pending.

 

Answer 2 / 5

Submitted 372 days ago...

EJJM

EJJM

Contributor (85)

If there are papers you can take it back to court. Do you pay child support through the FSR or directly to her?

 

Answer 3 / 5

Submitted 371 days ago...

jadl

jadl

Beginner (40)

First off i would like to say that $600 is a lot to pay in chld support and for you to have to work out of town to be able to afford child support is crazy. currently i am fight with my husbands x thru my investagation i have learned a lot.
moving the kids to a different county depending on the state you live in she can only move the kids so many miles away without consent from you with reasonable cause to up root the kids from family, other parent, school, and friends, that they are acustome to (unless job or fincial reasons). if you can prove that it was to keep the kids away from you by moving that is one strike against her. second of all if you have a specific periods of physical ordered by the court which is specific time and or days this encludes holidays than she is in contempt of court and you can go down to the court house in the county where the court order is from and file an motion to enforce physical placement. In this order you can request additoinal peroids of physical placement to replace those that were denied, finding the other party in contempt of court (could face jail time and huge fines) court cost and attoney fee (if you dont want to do the leg work yourself). along with that motion i would also file a stipulation and order to change child support. what this will allow ( i am unsure of the date your origianl papers were filed but between i am assuming that they were before 2000 and 2003) is for you to have finacial records between you and your x and with the amount of time you spend with the kids get deducted off what you owe in child support because the law changed and you are eligable to use the child support shared-placement calculation (you can google shared-placement calculator and figure out your child support payment from there what it should be and if it is lower than what you are paying now she will have to pay you back for what you over spent.) Good Luck getting your kids back

 

Answer 4 / 5

Submitted 365 days ago...

Milla

Milla

New User (5)

Well first you need to contact the authourities and tell them what"s going on, she does not have any right to move to far away from you. Also what do your legal arrangement papers say?

It's real unfair to you as a father and to them as your children. Hope you get all your answers.

 

Answer 5 / 5

Submitted 197 days ago...

tomturkey

tomturkey

Brain (2,862)

I do not think that taking them out of the county is illegal,had it been the state it would of been different. However there is something that you can do about your ex not letting you see the children. Do you have joint custody or does she have sole custody? also it depends on what the court order states in regards to your visits. would file a motion and ask that you get joint custody if you don't have it now and I would state the reason you are asking to modifly the orignal order is because she is not allowing you to see your kids. The court does not take lightly to parents that keep the children from one and another. Good luck

 
 

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