I'm planning on moving out of state over the summer. I have four children two with my fiancee and my older two have a separate father I've had custody of them since they were born and he has not seen them since the younger of those two was 2 or 2 and a half years old. He pays child support but has had no contact nor tried to make contact since then. My daughter is about to turn 8.
If you are planning to leave over the summer, you really need to be preparing to either get your ex's consent or an application into court as soon as possible. You will not be able to relocate out of state with the children without his consent or a court order, unless a prior agreement or Order permitted you to relocate without consent or a separate Order. Relocation cases can be complicated and time consuming. Just because you want to go this summer does not mean the Court is going to be able to make a decision that works with your schedule, and often temporary relocations pending a final decision are not granted. You should speak with an attorney ASAP.
You cannot relocate out of state without consent or court order.
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You either have to obtain your ex's written consent (in the form of a Consent Order that can be entered with the Court) or you have to have a Motion filed seeking the Court's permission to allow you to move out of State with these two older children. You would be best served by having an experienced Family Law attorney represent you so that the proper case law is cited and the facts of your individual situation are properly applied to that case law.
The foregoing answer is submitted for informational purposes, and is not intended as a specific answer to the question posed. Always consult with an attorney prior to signing any and all agreements. The firm of Newman & Ingemi, LLC does not represent you unless and until you enter into a signed Retainer Agreement with the firm.
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