My roommate is divorcing and moving to another state.

Question Details: My roommate and her kids 17, 14, 10 are now living with me. She has a stay away protection order for her ex. Her ex gave up his custody rights to her in 2005 so she has full custody of the kids. He has not paid any child support and had been in rehab homes till this day. He has several criminal charges as well. He now wants custody of the kids because she wants to move to another state. Is that possible that he can keep the kids in the state?

Asked 10/26/2009 under Divorce, Marriage, Alimony | 173 View(s) | More Legal Topics

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Barton R. Resnicoff / Answered 2 years ago | Contributor with 0 answers This attorney is licensed in New York

I can't imagine him being able to get custody or prevent the move, what with his history of domestic violence, failure to pay reasonable support, as well as his criminal record.  She may have to request permission from the Court to move with some litigation over it.  She could take steps to force him to pay reasonable support which may put additional pressure on him to cease interferring with her life.

Steven Shumer / Answered 2 years ago | Contributor This attorney is licensed in New York

Under these circumstances, it would not be likely that he could oppose her relocation.  He has to establish a history and desire of being an active father and a supporting father.  It appears he won't be able to do that.  If she is looking to leave the state and wants to stop him from being able to block the move, then a petition should be filed with the local Family Court and she would be well advised to consult with an attorney on the issue.

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