As many of you know, my husband received temporary custody of his children 1.5 years ago. Their mother was here for about 4 months. She has not seen the children in about 6 months, although, she is scheduled to return next month (Dec.).

My husband and I want to relocate to South Carolina where my sister lives. I currently stay at home. My 3 step children go to school and our baby is at home. The public school system where she lives is better than the private school that the kids currently sttend.

Here is the problem. Post Katrina prices are making it extremely hard. Our mortgage is about $2000 a month. The children attend a private school because of the poor public school system in our area. If I go back to work, daycare is going to cost at least an additional $1500 per month. After adding up daycare, gas and work related expenses, and taxes, it makes no sense for me to work. The high cost of living forces my husband to travel for work.

My sister recently purchased a new home. She said that we can stay with her until we find and purchase a new house in South Carolina.

My husband does not receive any help from his ex (no child support, no scheduled visitation, no health insurance, etc.) He makes alot more money than she does (when she decides to work).

Here are our questions. How hard do you think it will be to get permission to relocate with the children if she contests the move? What kinds of proof do we need to show that the relocation is in the best interests of the children? My husband's ex never filed for visitation. How does that affect the court's decision.

My husband and I are working on a parenting plan. I think the only way she will agree to the relocation is if he lets her take the children out of the country, and he will not agree to that.

My husband's attorney wants him to call her and see if she will give him permission to relocate with the children. He can offer her no child support (not that she currently pays any). More then likely, she will object to the relocation and say that she wants to have a relationship with the kids. She leaves and spends 6 months at a time out of the country. Would it be unreasonable to request that she turns over her passport in good faith if this goes to trial since she wants to build a relationship with the kids? I would just hate it if the children were not allowed to relocate,and she left the country for 6 more months.

If we are allowed to move with the children, the visitiation she will have will be more than she has spent with the kids in 5 years (excluding the year they were out of the country).