Military PCS Move out of State


#1

I would say that if originally custody belonged to the other party and was awarded to you through court order then you have little to worry that it will be changed back. Especially with “minimal involvement”. With “minimal involvement” it will be difficult for a parent to show that it’s in the best interest of the child to remain in this state with them. The parent with primary custody moving, especially given that it’s military station and not by choice, should not affect the order if this is the only “new” reason to file.

I believe that normally long range visits like this would be whatever you would agree to. The court could set it up, but it would be easier to come to some agreement on your own through mediation.
I’ve read 3-4 weeks in summer and both spring and fall school breaks…alternating holidays and splitting the cost of travel expenses. I would suggest that the parent receiving the child pay for expenses that way the other parent doesn’t feel as though they are paying to send them away. And this arrangement could go a long way with allowing the other parent to make the call about how often they take advantage of visitations. You could also take into consideration the child/children’s wishes on visiting during this.

Child support could have an impact on custody but they are separate issues. The ability to support a child does not have much to do with a parent’s right to visit the child or their ability to care for them.


#2

Yes, original custody was between them while married, with the other party for a little over a year after they divorced, then we got custody and we’ve had them for 4 years. The other party had already filed a motion to modify custody and support based upon fictitous information that, as I’d previously stated, has been said by many to be ‘not enough’, including the presiding judge. The only thing changed currently is the orders to PCS.


#3

There is no “typical” out of state agreement, however you are correct that a great portion of the time the child is out of school will probably go the parent that does not have primary custody. If you move away the court will probably require you to pay some portion of the transportation costs.

If custody is already with you and you are moving due to military orders, it is unlikely the court will transfer custody based solely on those facts. However there may be facts I am unaware of that would change my opinion.

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#4

The military has given us our orders and we are due to move next month out of state. We’re due to go to court end of month regarding this matter, since the other party is fighting to get the kids back and doesn’t want us to move. We have primary custody, and are the main parents, doing everything for them and with them with the other party having minimal involvement.

Question 1 - what does a typical out of state visitation agreement look like? All or half of summers? All or half of school breaks? Also what is included? Will we be financially responsible for providing transportation for the children to come back here to visit, or will we split it?

Question 2 - how likely is this move a reason to give custody back to the other party? The “issues” cited on their behalf for changing custody are mere fabrications and what little is true have been said by many (lawyers, court appointed mediators, even the judge the first go around) to not be enough of a ‘significant change of circumstance’. However, a move such as this, could be considered significant, although we are still better suited to be the primary custodial parents. Also, the other party has failed to pay child support for the past 3 months as well, and this will be their 2nd time found in contempt for such, which will be used against the other party, as well as other things/reasons they shouldn’t be the primary.