My husband and his ex share custody for their 6 y/o son. We moved recently (less than 60 days ago) from NC to PA for job advancement for both of us (better job for him, I was laid off, so better job opportunities for me). There is a court order outlining visitation for NC that was put into place 4 years ago. This has not changed yet, but we are wondering how do we go about changing it? We “had” a verbal agreement PRIOR to moving with the CP (his ex) regarding visitation and have just learned in the last week that she will not honor the verbal agreement, NOR the written court order for his birthday, or the upcoming holidays. She is, in effect, actively blocking any visitation between the son and his father since our move. What are our options? If my husband is legally allowed visitation time with his son, and she repeatedly denies him access, what can we do? And this isn’t over $$, child support is still being paid regularly.
Your husband is entitled to have visitation pursuant to the court order, but will have to travel to NC to exercise his visitation. If his ex refuses to make the child accessible, he may file motion to have her held in contempt.
To change the Order on account of the move your ex will have to file a motion to modify custody in the county where the current order is in place.
Thank you for your quick reply. Your answer was very helpful and I have a few more questions. Once a motion has been entered to modify custody, how long (on average) does it take before we are in front of a judge? Also, I am assuming this is best handled by attorneys because of all the details involved - how much would this cost if Rosen were handling this (ballpark estimate)? Are judges aware of the current job and housing difficulties across the nation, and are they taking this into account when figuring out custody modifications? I believe modification to the amount of time that my husband and I have with the child (lowering it, now that we are 8 hours away) would probably yield a higher payday for the CP through child support - is this an accurate assumption?
After the motion has been filed you will need to set a trial date, the amount of time it takes to get to trial really depends on the county’s docket, on average I would estimate it takes 1 to 3 months before a hearing can be set. I would recommend you hire an attorney to help you get through this process.
I cannot quote a fee without knowing the specifics of your case. Please contact our client liaison by dialing the main number and selecting extension 100. She will be able to set you up with an attorney for a consultation. There is also a fee calculator on the main site which can help you estimate the cost.
Judges, like everyone else, are very much aware of how the economy is affecting folks, and will hear evidence of the same at trial.
Child support will not change unless your ex had the children more than 123 overnights a year before the move.