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dad taking kids out of state- can I have a backup plan?

post #1 of 5
Thread Starter 
The back story: My ex and I have been separated for almost three years. In that time, he has consistently been there for the kids. We have a parenting plan that we created in mediation, but are not legally anything yet (divorce papers are filed but not finalized). He has never taken them out of state before, but now he's planning a two to three week trip, 2000 miles away.

I'm good with this, however, several things are aligning at once that cause me concern. First, he has been unemployed for the last nine months, is declaring bankruptcy, not paying cs, etc. He is in the throes of financial ruin, and taking me with him, via the house we still own together. He has mentioned in the last week that he was thinking about bailing on the mortgage,and is in fact not paying the mortgage this month in order to pay for this trip.

He has no friends here, no job, nothing but the kids to tie him here.

His mom, who he is going to visit, has said some very crazy things about me over the years, eg, "take the kids and come live with me (2000 miles away from me)"; "Maybe she's poisoning your son (when our son was sick)". She has threatened to call cps on me more than once and urged my ex to take our kids on a couple of occasions. She has never managed to actually DO anything, and as long as she lives so far away, I just call it nasty talk and laugh. But he's GOING TO HER HOUSE. Without me. During our marriage, we had issues with my ex suddenly hating me after he had visited or talked with his mom- this was a major issue in our relationship.

My ex tends to allow his current emotions to rule his actions. If he takes a notion, he is likely to follow it. When he talks about any of his decisions and non decisions, the discussion always comes back to "how he's been feeling lately". I don't know if I'm describing this right, but just to say that he is emotionally immature and has low impulse control. He tends to view himself as the victim in every situation, and has chronic untreated depression.

My mom says that it would be possible for him to go to his mom's, have her rent him a house and get himself a driver's license to establish residency there. Then they could go to court and file for emergency custody orders, making up whatever they wanted to about me. Since we don't have a court ordered parenting plan, he is within his rights to take the kids and live wherever he wants to with them. Is this true? Could he really do that?

I can't just go along on this trip, since I'm starting school on Monday. Though of course if anything starts to look fishy, I will just drop my classes and go get the kids back.

My oldest, 11, has a cell phone. I've asked her to check in with me every day on the trip and to call right away if she feels uncomfortable with anything that's going on. I didn't get more specific than that.

I've thought about making him sign and notarize a statement acknowledging the parameters of the trip and that I'm the custodial parent (we have an 80/20 residential arrangement).

Thoughts? he wants to leave on Tuesday.
post #2 of 5
I wouldn't allow him to take the kids to his mother's until there is a custody order in place.
post #3 of 5


It is my understanding that unless custody has been established by the courts, that he would be allowed the same rights as you.

I'd not let your children go. It seems too risky, and if he follows through on your suspicions you'd have a lot of stress.

Can you have him sign and notarize a statement that he won't take (possibly sneak) your DC out of state until you have a finalized custody arrangement?

eta - Also, I don't like that the trip is 2-3 weeks... like he isn't sure already how long he is going to be gone? I'd be uncomfortable for sure.
post #4 of 5
can you put off him taking the kids.

if not, then DEFINITELY get the notarised paper document with beginning and end dates.

ex and i have been seperated with no legal stuff set in court.

yet everytime any of us goes out of the country or a long distance trip we sign the document. which is legal and binding in court.

there is an official form online. it is something that should be stickied here. but you can at least use that form.

this is it.

http://www.freewebs.com/docdiva/Mino...%20Consent.pdf
post #5 of 5
I am spending the summer with my DD in Spain, with my mother. We are US citizens, and DD`s father lives in the US. I asked my ex so sign 3 copies of a letter stating that he gave me permission to travel outside the country with our daughter, stated the dates, and also that I had full permission to make decisions without consulting him should a medical emergency arise during our trip. We had them all notarized. If I were to stay here (which I would not), I don`t really know if the notarized letters would help my ex at all. We just finalized our divorce last week, and I have sole custody, so our cases are different in that aspect.

I would request that your ex sign a notarized letter with his travel plans and exact dates. Make sure you get land line phone numbers and exact address of where they are planning to stay. Also, when you got your DC`s passport, there was a pamphlet with phone numbers and websites to keep handy...one of those is the abduction website and contact info should you ever need it.
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