happily_divorseing Posted August 10, 2004 Posted August 10, 2004 hi.. i am new here, but i have been reading what others have replied to ..and you all seem very helpful...so maybe you all could help me. my divorse should be final, in the next couple of weeks... .. i have 3 children. my husband signed off on them, about a week ago.. so he has no rights to them what so ever.. well my question is.. in my divorse papers it says that i cant move out of michigan. how can they keep someone here agianst there will..i hate it here and i want to move as far away as i can.. i think he would try to contact me and my children. and i think my in-laws would help him. does anybody know why...and how do i get around this problem... thank you in advance..
trouble Posted August 10, 2004 Posted August 10, 2004 Did you sign the papers that state that? You probably could have negotiated around that with your lawyer. If you have already signed it- you may have trouble because you contracted with your ex to stay in the state. Check with your lawyer- I don't know much about Michigan law because I am in Georgia
Author happily_divorseing Posted August 10, 2004 Author Posted August 10, 2004 Originally posted by trouble Did you sign the papers that state that? You probably could have negotiated around that with your lawyer. If you have already signed it- you may have trouble because you contracted with your ex to stay in the state. Check with your lawyer- I don't know much about Michigan law because I am in Georgia yes i signed them...but she told me it is the michigan law when u live here...something about the state haveing jusidiction over the kids..she said that the friend of the court could take it out.. if they think it is unnecassary.. so hopefully they take it out... i cant have anything to do with my ex...so i dont know y they would even put that in there
Author happily_divorseing Posted August 10, 2004 Author Posted August 10, 2004 Originally posted by happily_divorseing yes i signed them...but she told me it is the michigan law when u live here...something about the state haveing jusidiction over the kids..she said that the friend of the court could take it out.. if they think it is unnecassary.. so hopefully they take it out... i cant have anything to do with my ex...so i dont know y they would even put that in there anyone else live in michigan. and know anything about this.. i would really like to know how i can get around this problem. thank you
StartingAgain Posted August 14, 2004 Posted August 14, 2004 my husband signed off on them, about a week ago.. so he has no rights to them what so ever. Are you saying that your husband signed away his parental rights? This is almost unheard of and often not allowed, since a father cannot put aside his responsibility as a father. Many states have laws to prevent the cusodial parent from moving out of the state without the non-custodial's written consent. These laws were enacted to prevent the custodial parent from moving far away, thereby preventing access to the non-custodial parent. There are untold numbers of men whose wifes have done this to them and they have neve seen their children again. So if you want to leave the state, all you need is his approval. Your lawyer can handle this easily enough. Just because he isn't going to be your husband anymore doesn't mean he ceases to be his children's father. It is in their best interest that you and your husband learn to be civil to one another. He may have signed the kids over to you, but he can demand access to them at some later date if he desires in most states . Face it. You have children with this man; he will be a part of your life (and should) until they are grown.
Author happily_divorseing Posted August 14, 2004 Author Posted August 14, 2004 Originally posted by StartingAgain my husband signed off on them, about a week ago.. so he has no rights to them what so ever. Are you saying that your husband signed away his parental rights? This is almost unheard of and often not allowed, since a father cannot put aside his responsibility as a father. Many states have laws to prevent the cusodial parent from moving out of the state without the non-custodial's written consent. These laws were enacted to prevent the custodial parent from moving far away, thereby preventing access to the non-custodial parent. There are untold numbers of men whose wifes have done this to them and they have neve seen their children again. So if you want to leave the state, all you need is his approval. Your lawyer can handle this easily enough. Just because he isn't going to be your husband anymore doesn't mean he ceases to be his children's father. It is in their best interest that you and your husband learn to be civil to one another. He may have signed the kids over to you, but he can demand access to them at some later date if he desires in most states . Face it. You have children with this man; he will be a part of your life (and should) until they are grown. yes he signed away his rights..he was given a choice.. he could volantarlly sign off,, or the posicuter would terminate his rights..if u must know he is in prison right now for 2-15 years for csc to the 2nd degree agianst his own daughter.. so i dont want any part in his life now...and neither does my kids...excepessally my daughter... i want to leave this god forsaken state cuz him and his mother..i think would try to get him to see the kids..and he cant...i will be talking to the judge about this when i go to court.. so i dont need his appoval...just the judges
Author happily_divorseing Posted September 16, 2004 Author Posted September 16, 2004 Originally posted by happily_divorseing yes he signed away his rights..he was given a choice.. he could volantarlly sign off,, or the posicuter would terminate his rights..if u must know he is in prison right now for 2-15 years for csc to the 2nd degree agianst his own daughter.. so i dont want any part in his life now...and neither does my kids...excepessally my daughter... i want to leave this god forsaken state cuz him and his mother..i think would try to get him to see the kids..and he cant...i will be talking to the judge about this when i go to court.. so i dont need his appoval...just the judges ...... ...... ....... ..... ...... a update...as u can tell i am very happy... my divorse was final..on sept 14th... the judge is treating this like there were no children involved.. so i can move out of michigan... since the ex has no rights to the children.... he cant see them or talk to them.... they do have a choice to have a relationship with there father, when they turn 18. but other than that the no contact order is in effect, until the age of 18...
Butchey Posted September 17, 2004 Posted September 17, 2004 Congratulations!!!! Go and live life. Put those children first and you will never regret it.
happiley_divorseing Posted September 17, 2004 Posted September 17, 2004 Originally posted by Butchey Congratulations!!!! Go and live life. Put those children first and you will never regret it. thank you butchey...i need all the encouragement i can get...with 3 kids and all... but thanks again.....
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