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Submitted 310 days ago...

serendipity_

serendipity_

New User (1)

Residencial custody and moving

My ex-husband and I had a divorce in the state of Kansas. Because through our divorce the support was so detrimental to him, when we got divorced I agreed to have joint custody with split residency of our three children. This means that our two older children, our sons mainly reside with their dad, and our younger daughter resides with me. I moved two years ago to Missouri (as we are in the Kansas City metro area), and that was not a big deal. I realize all jurisdiction regarding this still goes through the state and county where we had our divorce. I am wishing to relocate to Florida, for a better job opportunity after failing to find a decent one where I live after looking for a year, as well as he knows it was always my dream to move south. My question is can he really take me to court and win residential custody of her based solely on my moving plans? I thought it was difficult for a residential custody to be over turned. From what I understood there would have to be valid proof of abuse, neglect or the alike to get residency changed.

 
 
 
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Submitted 134 days ago...

tomturkey

tomturkey

Brain (2,691)

Well you are right if he is trying to get sole custody of your child usally there has to be a reason,like abuse ect. However in most court orders exspecially with joint custody the court states that neither party is to move out of state with the children. He can file a motion asking the court not to allow you to move or to get sole custody if you do. You also can file a motion asking the court to let you move due to better oppunttiles to suppourt your children. The judge then would make a ruling on what he feels is in the best interest of the child. If he is not paying child support you should file and the court will look at that when he makes a decition on his ruling.

 
 

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