Moving do I need to notify court if non custodial parent has no visitation

[Missychelle26]

Arizona
I am in the process of having my ex husbands visitation rights taken away due to drug use, warrants out for his arrest, prior incarcerations, mental and verbal abuse to my children as well as many other issues. I am also going to be getting married in a few weeks and moving in a few months. If i have sole custody and the ex has no visitation rights do I still need to notify him and/or the court of the move? If so what do I file? Can he keep me from moving to be with my current husband to be. Also my fiance after the marriage wants to adopt the children. I don't think my ex will fight this if he doesnt have to pay the already 40,000$ back child support. If my fiance adopts him will this void out his owed child support. Which we would be more than happy to to dismiss for my children to have a secure loving home? Please help answer these questions. Also, with my ex's history as stated above do you think I will win the change from reasonable visitation to no visitation?

 

[tigger22472]

Right now you're putting the cart before the horse. YOu need to concentrate on the visitation issues first.

No visitation doesn't necessarily mean 'NO RIGHTS" and sole custody doesn't mean that either so yes you're more then likely going to need the permission of the court to do so but again... when you get a free consultation with a lawyer which you are REALLY going to need with everything going on they will tell you for sure.

As far as the adoption goes the bio will be notified and IF he contests which I understand you don't think he will, but if he does it would be harder. Arrearage can't always just be dismissed. Have you EVER received any type of welfare AT ALL? Those fees can't be dismissed as he will still owe those. Most states also require that you are married a year before they will grant an adoption.

 

[Missychelle26]

Yes I did recieve welfare for a few months right after our divorce until I found a job.....sigh. And I live in a small town and have called all of the lawyers here in town and none of them for this type of case will do a free consultation. The cheapest consultation I could find was $250. Which may not seem like much but I am a single mother with three kids recieving no child support and havent in years. I also have a diabetic son and even with my insurance his medical and prescription cost are high. Plus with my kids going back to school in a week well lets just say my budget is beyond stretched at this time.

 

[tigger22472]

I totally understand that and I understand where you are coming from... really I do. I have been through the NO support, father harming the children emotionally and even the TPR and step-parent adoption but these are things that need to be done completely legal so that you know all t's are crossed and all I's are dotted and doesn't come back to bite you in the ass.

 

[glowgirl]

I'd have to agree with tigger also. At this point in time you are still in the process of removing visitation. However, there are still alternatives before no visitation, such as supervised. Just try not to overwhelm yourself with what your hopes are and make sure that you keep your feet on the ground for when it comes to your children it is good to be "prepared" for the "worst" so to speak. Good luck.