hi I have full sole custody in Alaska my kids father agreed to it in court then went to prision for threatening to kill2 city cops plead guilty to 2 counts felony asult 3 he was granted only supervised visitation and it reads after release from custody and before kindergarden quarterly visits will happen on the same day aas prev scheduled ect it then says as a condition of having visitation the father will secure an approved substance abuse evaluation before first visit and there after comply with all recommendations he is also ordered womans batters prevention and mental health while he was in jail I was pregnant to my husband and have medical issues so we had to move for medical issues with my ex 2 daughters to the other side of the usa i sent him notice in the mail and it was sent back to me that he was no longer an inmate later to find out he went to a halfway house have been gone 6 months now from Alaska and he is threatening to have me drug back into court for kidnapping ect he is a 3x felon with domestic violence in previous relations has dui never has had a home been homeless 10+ years owes 10k+ child support up to this point he hasn't done any classes
Unless your order said you could not move, it is unlikely that you will get in trouble or be forced to return. You may want to have your case "transferred" to your new state for your convenience. Hopefully you already did that, or at least domesticated your orders in the new state. See a lawyer for help with this.
And then, just ignore ex and his threats. If he wants to see the kids, demand he provide the proper proof of compliance with the terms in the order. If he cannot, then tell him no. You will be fine in that fight.
If you have a custody order granting you sole legal custody, you are the party with the authority to decide upon the children's area of home residence. However, you should certainly give the father notice, which it sounds like you did. He now has the opportunity to file with the Court, if he wishes, to modify. You leaving state is a "substantial change in circumstance" allowing the Court to readdress custody--but doesn't mean the Court would prevent you from leaving or change custody in any regard based upon your description. The Court would look to see if the move was for "legitimate" purposes--meaning any reason other than frustrating his visitation time--and if legitimate, do a new "best interest" analysis for the kiddos--which is the same process the Court would have undertaken in the original custody matter leading to your present order.
It is smart to get a copy of your custody order to register in the state where you are moving. Also have it handy to show law enforcement should he try to call police claiming kidnapping or custodial interference.
Our local Court's preference is you file notice of the intended move through a motion of your own in advance of the actual move--granted life simply does not always allow sufficient time.
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