It doesn’t matter. Unless he is an imprisoned child-murdering schitzophrenic, he will get partial custody and that means they can’t go anywhere without both parents’ approval. Otherwise the courts won’t allow it. |
And do what? Dump them on a nanny, new girlfriend or his 75 yo mother? |
This isn't always true. I know someone who was divorced with several kids, her ex lived in the same area as her and had the kids every other weekend. She remarried, and a couple years after that her new husband got a job on the other side of the country. The ex tried to fight it, but in the end the judge ruled that she could move across the country with the new husband and bring the kids with her. |
Negotiate with him. Can he have them for vacations? Can he come overseas for visits every once in a while? Maybe he'd prefer that. Don't assume anything until you've talked it over. There may be a solution that's agreeable to both of you. |
She can have them vacations. She can visit occasionally. Who is paying for all those trips? |
| What is so hard to understand, you cannot have 50% custody and move with the kids to another country |
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Unless you literally want to only see your kids for 6 months of the year, and then not see them the other 6 what do you expect to happen? If he's not a dead beat, which it sounds he isn't, then if you want to leave you'll be leaving them behind. Period. Can you deal with that? No? Then you cannot move overseas.
I'm sure it's a "great opportunity" for you, but you got married and had kids and then got divorced. It stopped being about you a long time ago... |
| I moved across the country with my kid even though we had split custody and exh fought it. He had 'abandoned' my child and I for almost a year in that he moved away and didn't see our kid and he didn't pay any court ordered support, so the judge let us move and approved a long distance parenting plan that my lawyer prepared. Probably not applicable to OP. |
If you take your kids out of the country without the other parent’s approval, he can report it as kidnapping and you are never getting a full custody of your kids. Don’t even think about that. I’d suggest you start being nice to your husband (even if you have to pretend) and perhaps start talking about a temporary opportunity overseas, amazing schools for the kids, of course coming back home frequently. Get a legal paper from him signed that you can take children with you out of the country for as long as you have a job…and don’t file for divorce! Once you are settled in a new country it will be easier to claim that uprooting them and sending them back to US will be against their best interest. I would talk to a lawyer for sure before make any moves, one mistake and you are out. |
I'm amazed OP that you think your kids will forgive you for this down the road. He may not be a 50% dad or an awesome dad or whatever, but he is their dad and unless he is abusive your kids want him in their lives. You don't have the right to essentially end their relationship with their dad by moving them overseas. You are awful and selfish. Sorry, this is the big downside of divorce, this is why so many of us stick it out in meh marriages, you don't get to have it all and screw your kids dad / someone you used to love in the process |
| So OP tell us about your STBX - how bad of a father is he exactly? What has he done to earn that title in your eyes? |
It depends. Usually you have to let him know and he has 90 days to respond. My friends ex didn't respond for whatever reason and she moved with the kids. Some men wouldn't care because they would be relieved not to have all that responsibility of the kids. |
Then he may be happy if you and the kids live your own life. |
I'd be a little smarter if I were you. I planned to divorce after he told me he took a job overseas and we would live there for at least 3 years. Didn't consult me or anything. I pretended to go along with it. After 10 months I left and filed divorce from the U.S. while he was over there. Not a thing he could do. |
It doesn't. The kids are better off without a horrible parent obviously. Your kids can have a great education overseas, probably better. Ignore some of these posters. They've never lived in another country. The problem is...would you want your kids to go see him for the entire summer. Especially if he is irresponsible. And having to take long flights. You're probably better off staying nearby, and taking the kids in the summer to travel etc. If he doesn't like babysitting then you'll have them 90% of the time anyways. |