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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27692
Experience:  Attorney with experience in family law.
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Can I Sue my ex of income and future income because he is

Customer Question

Can I Sue my ex for loss of income and future income because he is stopping me from moving for work. I have a job offer and a house with my fiance who already moved for work. I have offered to for go child support on our three kids, alimony, and everything so I can take this job. He can have the kids on every break all summer, my dad is fixing his car and I have an aunt willing to try to get us discounted tickets on the airlines she works for to help with the cost. The kids are 15, 12, and 9 all want to move to Missouri and until this week he had been on judges orders for two years for supervised visits because he hit our son and me negleted our oldest sons medical issues but I agreed to drop that too.
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is ***** ***** I'd be happy to answer your questions today. I'm sorry to hear about your situation.
Unfortunately, no, there is no cause of action in this situation. The law says that children benefit from having a relationship with both parents. The law also says that a parent who wants to move out of state with children needs either consent of the non-custodial parent or a court order. That means the law gives him a right to object to you moving away - and there's no ability to sue someone for exercising their rights.
You have the ability to file a Motion to Relocate, asking the judge to let you move with the children. The judge is going to want to see why the move is in the best interests of the children. He'll consider the children's wishes, plus what opportunities wait for them in Missouri. You can explain how they benefit from being with you and your fiance instead of with their father.
If the judge already declined your request, then you'd be looking for a basis to appeal. But that wouldn't give rise to any cause of action against the father.
I apologize that this was probably not the Answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.
Good luck.
Customer: replied 1 year ago.
What are my chance of winning a relocation motion? I havent filed one yet i have been trying to get him to agree since its what the kids really want even his kids have told him its what they want. I just had to tell him i was calling a lawyer to get him to take my sick son to the doctors and one son has been out of meds and needed a doctors appointment to reup on meds and he was letting him go without until he came home to me until I told him I was calling a lawyer. Then he still made me make the appointments for the boys. He gets to neglect the boys and I get to deal with the issues of it. I have letters coming friends and family about abuse and who has taken care of the kids their hole lives. He hasn't done much for them. He only gives me 250 in child support now and that's not regular. I have to deal with everything and it's not fair
Expert:  Lucy, Esq. replied 1 year ago.
If he only gets supervised visits, he's a neglectful parent, and you can give the kids a better life in Missouri, your chances are pretty high. The key is to show how the move benefits the children, not just you and your fiance. Talk about the relationship you have with your children versus his.
If the father isn't paying child support, or is paying less than he's supposed to, you can talk about how having more money will give them a better life. If you're moving to an area with a lower cost of living than Florida, that will also help you.

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