mommyofamiracle
03-02-2009, 01:01 PM
I don't know how much detail you will need but I am divorced from my son's father. There is nothing in our divorce decree stating that I have to notify him if I move with our son out of state but is there an Iowa law stating I have to? He really has nothing to do with him and this is a Military move. Thank you in advance.
mommyof4
03-03-2009, 05:19 AM
Iowa Code:
598.21D Relocation of parent as grounds to modify order of child custody.
If a parent awarded joint legal custody and physical care or sole legal custody is relocating the residence of the minor child to a location which is one hundred fifty miles or more from the residence of the minor child at the time that custody was awarded, the court may consider the relocation a substantial change in circumstances. If the court determines that the relocation is a substantial change in circumstances, the court shall modify the custody order to, at a minimum, preserve, as nearly as possible, the existing relationship between the minor child and the nonrelocating parent. If modified, the order may include a provision for extended visitation during summer vacations and school breaks and scheduled telephone contact between the nonrelocating parent and the minor child. The modification may include a provision assigning the responsibility for transportation of the minor child for visitation purposes to either or both parents. If the court makes a finding of past interference by the parent awarded joint legal custody and physical care or sole legal custody with the minor child's access to the other parent, the court may order the posting of a cash bond to assure future compliance with the visitation provisions of the decree. The supreme court shall prescribe guidelines for the forfeiting of the bond and restoration of the bond following forfeiting of the bond.
2005 Acts, ch 69, §42 (http://search.legis.state.ia.us/NXT/gateway.dll?f=xhitlist2$xhitlist2_x=Advanced$xhitl ist2_vpc=first$xhitlist2_xsl=querylink.xsl$xhitlis t2_sel=title;path;content-type;home-title;item-bookmark$xhitlist2_d={2005acts}$xhitlist2_q=[field folio-destination-name:'ch_69_sec_42']$xhitlist2_md=target-id=0-0-0-3963)
Whether your decree states that you must tell him or not, you should tell him. He will have every right to take you back to court to modify (and possibly reverse) custody based solely on your actions. As the primary CP (I am assuming, here....) it is YOUR responsibility to help facilitate a relationship between the child and the other parent as best you can. Skipping the state, for whatever reason (besides a case dealing with DV, for example), with the child without at least giving him and/or the court a heads up is not going to come across as having your CHILD'S best interest at heart.
I couldn't find a specific law that said YOU had to notify the court. However, as you will note, I did find the law that states that your relocation of more than 150 miles with the child is adequate grounds for modification of custody. All Dad would have to do is file in court.
mommyofamiracle
03-03-2009, 10:16 AM
It is a Military Move. The NCP has hardly anything to do with our son and I have tried for years to get him to be in his life more than every 3 months for a phone call for a whole minute. I have told him and he doesnt really care but its the NCP's mom & dad and sister who are threatening to get the NCP to take me to court. Moving will mean no different in visitation as there is hardly any visitation at all. Due to the NCP not me. Our son has not spoke of the NCP for 6 months and has no desire to see the NCP. I used to force our son to go see the NCP but with him crying and getting all upset when he has to go and the things that they have done to our son, I refuse to make him go anymore. I dont have the money to take the NCP to court for the things he has done to our son otherwise I would. But I thnak you very much for helping me as I have not been able to find that. Where did you find that?
mommyof4
03-04-2009, 06:21 AM
It is a Military Move. The NCP has hardly anything to do with our son and I have tried for years to get him to be in his life more than every 3 months for a phone call for a whole minute. I have told him and he doesnt really care but its the NCP's mom & dad and sister who are threatening to get the NCP to take me to court. Moving will mean no different in visitation as there is hardly any visitation at all. Due to the NCP not me. Our son has not spoke of the NCP for 6 months and has no desire to see the NCP. I used to force our son to go see the NCP but with him crying and getting all upset when he has to go and the things that they have done to our son, I refuse to make him go anymore. I dont have the money to take the NCP to court for the things he has done to our son otherwise I would. But I thnak you very much for helping me as I have not been able to find that. Where did you find that?
If you have told Dad and he is okay with the move, the best thing you can do is get his agreement in writing (notarized is even better.) It won't prevent him from filing for modification, but it will give you the evidence you need to show the court that Dad was fine with the move and that you did not hide the move from him. You should also try to come up with a reasonable long distance visitation schedule. If Dad does decide to file, modification will most likely be ordered based on the move, so it is best to have a plan that y'all agree to going in. It will be up to Dad to utilize the time.
Location of the information:
http://search.legis.state.ia.us/NXT/gateway.dll/2009code/1/27987?f=templates&fn=default.htm