My ex is trying to take my kids out of the state

I just moved here to Arizona, our "new" agreement was for him to have custody of the children in the state of Arizona and I was to have them in Illinois in the summer and he was to pay for all costs. At the time, I was single, had a job that paid minimum wage and was trying to care for 4 children on my own (he only paid me child support for less than 6 months and I got about $1400 from one of tax rebates once) but anyways he convinced me that the children were better off with him (he was married and said that him and his wife had a great job in AZ and to let him take care of them) That was the biggest mistake of my life, he left in March and I didn't see them until November for a few nights until I left Illinois and moved to Arizona the beginning of the next year, yeah, he said he couldn't afford to bring them back for the summer. I arrived in Arizona in March with my boyfriend and a year later we just moved into a 3br home and are both personal bankers and are doing good, I had them this past summer and dropped them off with him only while I was at work. Since I've moved here, he has had numerous jobs, none really paying well, and for the past 3-4 months he has not been working, he has had my kids in two different schools, and they have moved 3 times, but his wife suddenly has a job in Utah and he's planning on moving in 2 weeks! They're going to be living in an RV until they get a home, he hasn't asked me permission, he just says he's leaving and I can see them in the summer! I don't want to lose my kids again, I want them to be with me, they alll want to be with me, my oldest son is afraid if he doesn't stay with him, but I told him that I wouldn't make him, but I don't want him living in some RV, he's only 12, what rights do I have? I can't afford a lawyer, not at the last minute, since he just told me less than a week ago, my credit is horrible so I can't get a loan, I don't know what to do, my ex won't listen to me, he just says he's keeping them, I know his issue is child support, and I don't even care about that, I just want them, can anybody help?

our "new" agreement was for him to have custody of the children in the state of Arizona and I was to have them in Illinois in the summer and he was to pay for all costs.

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Was this a court ordered agreement?

Unfortunately, the best advice one can give you if for you to hire a lawyer... ASAP!!See if you can negotiate payments on the fee the lawyer will charge you. Your husband cannot uproot your children at will without you having agreed to it - that is considered kidnapping. Act quickly so your husband won't get in more legal trouble.

Good luck to you!

We never did see a judge, but yes, it was a court order, he had a lawyer and I didn't and couldn't afford one, we just went in and signed the papers, also this took place in Iowa so I'm not sure how things would go here in Arizona, is the old order any good since he didn't bring them back to me? My old lawyer told me I would have to pay him $500 just to send him a letter saying that he was violating the agreement but that was it, so I just saved my money and came out the next year.

Who lived in Iowa? How did Iowa have jurisdiction?

Does your newest order state that your ex cannot move the children out of state, or that he has to inform you of his move? Is there a time limit specified?

When he didn't send them to Illinois, he was in contempt of the court order. I'm pretty sure you could have filed that on your own in Illinois. Since there is a subsequent order, the point is moot.

HOWEVER, I'm not sure Iowa had jurisdiction to hear the case or make the order unless your ex lived in Iowa with the children for the required amount of time. (Not sure what that is without looking, but probably 6mos to a year)

How long ago did you agree to let your ex have custody?

We both lived in Iowa, the agreement that we did said "The parties shall continue to have joint custody and joint physical care of the above named children. That the children shall be in the primary physical care of the Petitioner (my ex) during the school year in Petitioner's new school district in the State of Arizona. The children shall be in the primary physical care of the Respondent from one week after the school term in Arizona ends until one week prior to the resumption of school in Arizona the following fall. Petitioner shall provide all transportation to and from the State of Arizona at the conclusion of the school year and again prior to the commencement of the fall school year. All other terms and conditions of the court's prior order of April 19, 2005 shall remain in full force and effect if not modified herein."
That's pretty much what it said, I wish I could have afforded to get a lawyer but when he didn't bring them back that summer, legal aid wouldn't help me because I lived in Iowa and the legal aid in Iowa wouldn't help me, because they represented me in the beginning and I dropped the restraining order on my ex and let him see the kids more, he was stalking me and threatening me even though he was seeing him. This order was done on February of 2006 and I moved to Arizona the following March and I've been seeing them as much as I can.

Since you've both lived in Arizona for over a year, you should be able to file in Arizona.

I think you need to request an emergency hearing due to the imminent move. Find out if your local courthouse has a facilitator, or if the clerk can help you get the forms and instructions you need. You may be able to prevent your ex from moving the children out of state.

If there is any way that you can afford to get an attorney, I suggest that you do.

I have spoken to a lawyer and I do have to change the order to AZ, but I won't be able to do it until Friday, I have to pay about $170 to do the paperwork but I don't get paid until then, I talked to my ex today to see if we could work something out and ask the kids what they want to do and now he won't let me see them so now I'm going to go after him for full custody. I'm tired of playing by his rules and I don't see any reason a judge would take them from me and let him take them out of the state, at least I hope not, I've got the ball rolling now...