Questions about moving

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Questions about moving

Postby Jason George » Tue Jan 11, 2005 12:25 pm

I am in between a rock and a hard place, my ex wife who remarried 8 days after our divorce was final in August last year, has asked me to relocate to California from Florida. She is asking this in lue of going to court to try and change the residency of our 3 yr. old son from Florida to California.

I am not apposed to relocating, my son is everything to me and the though of loosing him just isn't a factor.

I am just wondering if there is any way of getting a court binding legal document that we could sign and have filed to restrain her from relocating again. I am willing to do it this once to the fact that it would be bineficial to our son, and the enviroment that he is being raised.

Please give me your comments or answers.

Thank You
Jason George
 

Re: Questions about moving

Postby Pete » Tue Jan 11, 2005 11:47 pm

All you can do is have an amendment to the decree that requires consent to relocate outside of 100 miles, or custody will have to be revisited in court.
Pete
 

Postby ben » Thu Jan 13, 2005 7:13 pm

Jason,
You are right to think about the future. If you are willing to move, that is admireable but how realistic is it for you to pick up and move each time it suits your ex?

If you don't want to move, make it known to your ex and prepare for a court battle.
If you are willing to move, get an amendment to your decree indicating that if she moves again, for any reason, that you will become primary parent.

Finally, if you have any legitimate, tangible and serious concerns about the environment your son is being raised, you should petition for the move to be postponed until those concerns are addressed.

Let us know how it turns out.

Good luck.
ben
 

Postby Goin Crazy » Thu Jan 13, 2005 7:13 pm

Thank you ben for the info and advice,

I had talked to her yesterday about getting an amendment (me trying to make things as fair as possible for both of us and our son, she on the other hand is only thinking about herself) and she blew up saying that I was crazy and that she will never sign anything like that.
I guess its going to be a court battle, I am tired of being the one that is trying to make things work and thinking of solutions, I was trying to save us both money and time but all that to was for nothing obviously.

Thanks again,
This forum is a great resource,
Goin Crazy
 

No One Seems to Be Frank...

Postby Bob » Fri Jan 14, 2005 12:10 am

If you're not the custodial parent, in many if not most states, the judge will effortlessly grant a move to your ex if she makes even a half-hearted attempt at proving why she needs to do so. Something as lame as, "I can't find a job" or "My new husband can't find a job."

It's nice that you're willing to do anything it takes for your kid.
Bob
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Moving restrictions...

Postby cmed1967 » Tue Jan 18, 2005 8:54 am

In Missouri, the parenting plan form allows for each parent to be required to give a 60 day notice for any intended move. I have a friend who got divorced, and because she was concerned about her ex-husband up and moving, she put it in the decree that neither parent will move out of state for five years. This is to provide stability for the children.

Now, with that being said, I think you need to revise custody. How can this be stable for the kid?? Mom gets remarried eight days after the divorce is final, and now wants to move to another state?? There's no way I'd take that, I'd be in court. That is NOT stable at all. Divorces are hard enough on kids, without the mother being "flighty".

Best of luck!
C.
cmed1967
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