My ex-husband has been in and out of jail since we split in 2014. We divorced in 2015. We tried the 50/50 custody with the three children, but he proved to be unfit with taking care of the children, and in the latter of 2015, I received full legal and physical custody. He acquired drug charges, domestic abuse, stalking, and now is in prison for a 2nd Degree burglary charge. I want to move for the safety of my children, Iam deathly afraid of what he will do when he gets out since before getting arrested, he had asked me to lie to his probation officer. I didnt, and then he went out and stole a hand gun and rubber boots. I want to be closer to my parents since I have no help where I am. He has not paid child support in a 1 year and a half, which I know doesn't really mean anything. Will I be able to move to another state?
Are you sure you don't have primary physical custody instead of full custody? Full custody typically means one parents' rights have been terminated, and if that was the case, you wouldn't need his permission at all to move. But the fact that he's still ordered to pay child support indicates his parental rights are intact still.
Typically you have to provide notice of relocation when you intend to move away, although when domestic abuse is concerned, there are ways to restrict some of the information that would otherwise be required (i.e., your new address). Talk to a a family law attorney near you to make sure you do this the right way. If you just leave without providing any kind of notice, you might be in violation of the custody order, and he could move for contempt.
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