move back to court order state

[lor042]

What is the name of your state?Oregon
I have 3 children. I lived in Nevada with the children for almost three years. All my court documents (divorce/child custody, etc.) are filed in the State of Nevada. They also stipulate that I was not to leave Southern Nevada with the children without court authority. I moved to Oregon on December 7, 2003, where their dad resides so the move was never an issue. I cannot stay here in Oregon primarily for financial reasons and would like to go back to Nevada. Would I need to do anything legally before I go? There has never been any change in our court order in the state of Oregon. He's in the process of having his child support modified, but that is all. Thanks.

 

[ktarra617]

well it would seem to me that since you moved to Oregon, closer to the children's father, that the father has a pretty good reason to stop your move. You can't move against the court order just because it was closer to Dad and then when you want to move back, say "Ooops, I wasn't supposed to move here in the first place, I'm going back now." Those kids have been in Oregon almost 6 months now and dad may not be willing to let you leave with them.

If you are having financial difficulty then why not let the children go with their father until you can get on your feet?

He can file to stop you from removing the children from Oregon. The California State Supreme Court ruled a month or so ago that in California Custodial Parents no longer have the Presumptive right to move with the children. Other states can look at that ruling and use it as a basis for their rulings.

Your ex may very well be ok with you taking the kids back to Nevada, however if he's not then you have a fight on your hands and trying to go back now and obey a court order you shouldn't have disobeyed in the first place will be the least of your worries.

You really should consult with an attorney in your area.

 

[lor042]

Move back to court order state

Thank you for your response. Their father is presently living with his parents and grandparents. He is 33 years old and is comfortable living with them as he cannot take care of himself. He isn't very responsible. He was unemployed for 6 months himself here in Oregon. And the work here is seasonal so he will again be laid off in the winter. He is supposed to have the children every other weekend and the last time he took them was on May 8th and 9th. He uses every excuse not to take them. I have offered for him to take them during the week before he goes to work anytime he wants to take them as long as I haven't made prior plans. He doesn't call them during the week and doesn't call me to let me know one way or another if he's coming for his weekend. The children fight the visits every time he has them over and don't want to go. I have always encouraged the children to go and eventually they do. He has been an absent father most of their lives as he used to travel with construction. Anyway, what I'm getting at is the suggestion of leaving the kids with him would put them in the situation of his mother raising the kids and to the kids would appear that I have abandoned them. I want very much to raise my kids. I admit it was a huge mistake coming back here. I just wanted to know what legal ramifications I would run into when I decide to go back to Nevada to rectify my financial situation as he also fights the financial obligation as well. Thank you.

 

[Gonwin]

Why did dad leave Nevada???

Why did your ex leave Nevada? Was he supposed to leave the state and his children? It seems that YOU made the effort to bring the children closer to HIM.

 

[lor042]

Move back to court order state

Thank you for your response. That's the same response my friends and family have told me as well. I came back to Oregon I guess because of guilt. That my children wouldn't have a relationship with their father. I get what you're saying and everyone else for that matter. It's not my responsiblity to build that relationship, it's his. He left Nevada, Oregon, Calif, etc, to pursue his contruction. No, he didn't have to leave Nevada or his children as there is plenty of work there. As soon as we divorced he decided he didn't want to travel and moved back in with his mom and dad. He had several reasons to stay in Nevada, No 1 being his kids. I believe it's all about controlling me and so far has been able to I guess. But, my main concern right now is I have 3 small children, two will be in school and one to follow in a year and I need to support them on my own. He's not dependable at all for financial support. He uses money to try to control me as well. I want to move where I can make a living on my own and support my children without any assistance from him. I will always pursue his obligation of course as the DA is working on that. I'm just saying that anything he sends will be for the kids and I want the financial freedom from him. I don't want to rely on that money to where he tries to control me through it. Anyway, your right, he has always made the choice to leave his kids even when we were married and the kids and I have always sacrificed our lives for him. I want to take my life back and unfortunately now I've created a legal situation that I will need to overcome. Thanks again for the wake up comments. People have been trying to tell me this for a while. I guess I should start listening.