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Browse: Home / RELATIONS / Family / Parents

What rights does a father have when the custodial mother moves to another state for 6 mths without kids?

: What rights does a father have when the custodial mother moves to another state for 6 mths without kids?
Exwife has primary custody and is moving to New York in January for possibly 6 months or longer to pursue acting. She is leaving behind 2 teenagers to live with father full time. ( they currently have 50/50 visitation. Is this considered abandonment from the mother and what rights does the father have as far as getting child support stopped and getting custodial custody?

Answers and Views:

Answer by Tina M
it is only considered abandonement if she doesnt see them for a full year she would have to put them with a responsible family member and the father would still have to have his 50% of the custody like taking them whenever is his turn ect

Answer by Felonius Monkey
If you have 50/50 visitation there is most likely a paragraph in your divorce decree that requires your ex-wife to speak to you first for situations where child care is needed. In other words, she can’t just dump the kids on a random friend or family member and leave. If she has done this she may be in breach of the divorce decree which would give you some leverage to have the child support modified.

Answer by brokenheartsyndrome
Go to Court now and motion them for full temporary custody and ask for child support from her, she will have to pay it.
You could ask them to review the case in 6 months or simply put it on her shoulders to motion the Court for 50/50 when she returns.

Answer by patrick
If the children will be living with you full time for the time period, you can petition the court to suspend child support for that period, on the grounds that you will be providing that support directly to the children.
If the ex wife has no problem with you suspending the payment while the children live with you, (and I cant imagine why she would), then you need not involve the court, if you get an attorney to draft an agreement between the to of you to that effect, and have it duly notarized. (will save you a lot of time and money).
If she does not agree to suspension, tell her that you will not take full time possession for the 6 mo period. She can not legally take the children out of state without court approval, and there goes her “big break” into show biz.

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