There is a no contact order between us because he assaulted me in 2017 and was charged with 6 felonies, convicted of one, felony domestic assault with a firearm. Everyone in our community is aware of what happened and I want my kids and I to have a fresh start, there are excellent public schools there and I can get a much better job with a 20,000 sign on bonus. i feel these are special circumstances, what chances do I have of winning this?
Domestic violence most certainly comes into play when the court decides what we call a relocation issue. If he has joint custody of the children then a petition for permission to relocate out-of-state should be filed with the Family Court. These cases can be somewhat emotional and complicated. . Now if he sees his children on a regular basis that’s one issue. But if he flies in and out of their lives then it is likely that the court will readily allow you to relocate.
If you are not able to negotiate with your children's father due to the situation you mentioned, your attorney can help you get a petition prepared and filed with the court to help persuade the judge that it is in the children's best interest to relocate.
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