Custodial parent moving


#1

Are custody and visitation set via court order (including consent order) or unincorporated separation agreement? If via court order, your husband’s ex will likely be in contempt if she fails to abide by currently-in-effect court-ordered visitation schedule. If via agreement, it’s not enforceable and the child’s mother can take the child anywhere she wants and put her in whatever school she wants. Don’t waste your time pondering the “what ifs” of the agreement.

You have two choices: you either come to new agreement with child’s mother, or you go to court and have judge decide. You can also ask the judge to prevent the move and/or set new custody and visitation arrangement. Good luck!


#2

I would think that she can move, although horrible, because I think you stated that the court order stated every other weekend with mutually agreeable for other visitations. The court order is what she would be in violation and I am not so sure she is out of violation if it states she can move within the state…and she still is within the state then legally she can (that is my opinion though notelling what a judge will do) Can you ask that you still pick the child up and take her to school…thirty minutes doesn’t take that long…just wondering


#3

Also do you have a court order or is it a separation agreement…my ex and I meet halfway but he lives 5 hours away. You could file to have visitation increased and that she meets you halfway…mine is ordered that I drive halfway…I’m no expert though so take my opinion for what it is…good luck to you


#4

The consent order is a court signed document that was put in place prior to the divorce. See I filed for an extension on the divorce for unsettled visitation issues, so her lawyer put the divorce through with a bifurcation so no child custody or visitation orders were signed via the court through the divorce. The divorce is just simply that, a divorce. I just wonder since we have been taking her every other week from Wednesday through Sunday if I could go to court to make that the visitation somehow. We can’t really afford a lawyer and I dont know how to do this legally to change the visitation so she can’t move far away. Like I said we have been keeping her 5 days every other week since June 8.


#5

I know that it is hard to afford an attorney… I was a single mother for awhile…so I get that. But nothing, in my opinin anyway, is more important to me than my child, absolutely nothing…as I am sure you feel the same. If I were you I would shop around and see (especially look at this site…the Rosen Law Office does a payment plan to make it easier)…I would consult an attorney and get something in an order…good luck to you


#6

Hi, Has your husband tried sitting down and talking with her about this? I think you can file a motion to modify custody or visitation and bring it before the court to ask for more time. If she’s considering moving, get the papers filed ASAP. Medation is required prior to the case being heard by a judge, and doesn’t cost anything. Since you have a consisent pattern in place, it would be difficult for the ex to just change it to suit her purpose. That’s not really in the best interest of the child, is it? IF you feel you can argue the case by yourself, why not hire an attorney just to do the paperwork part for you? The wording is a little tricky and difficult to get filed correctly on your own. My husband and I did that and it cost somewhere around $300.00. Be prepared for court though, and if things don’t go well in mediation and the case is brought before a judge - reconsider hiring an attorney. Good luck!


#7

My husband has a child from his previous marriage she is 9. The divorce was done via bifucation so no child support or custody changes were made. The original separation agreement states she has residential custody of the child and he has her every other weekend with additional visitation as agreed upon by both parents.

Since June 8, 2005 we requested to have her every other week from Wedneday to Sunday instead of Friday to Sunday and she(the ex wife) agreed. We live just a few miles from eachother so we take her to school each morning we have her and pick her up after school. At the end of the weekend sometimes she lets us keep her Sunday evening and then we drop her off at school on Monday morning or we drop her off on Sunday night at her house. The child has told us that her mother and her new husband are considering moving to a different county 30 minutes away in the opposite direction of where we both work and go after we drop her off at school in the morning. The child will be put in a new school. This would make it impossible for us to see her except every other weekend from Friday night until Sunday evening, thus breaking my husband’s heart especially since he is required to work from 9-5 on Saturdays.
The question I have is this: Can she do this? Is there anything we can do about this or are our hands tied? She has even told the child that she can move there because in the separtion papers it only says she can’t move out of state not out of the county (like she should be discussing what is in the separtion papers with a 9 year old)
and if she can what are our rights ar far as visitation goes? Can we request that she bring the child here or that she meet us halfway??
Thank you for any assistance.