I just found out that my former spouse is moving to VA and is trying to keep it a secret from me. I live in NJ and we have a very visitation agreement (that she refuses to follow) through the state of VT. With this new information, what can we do to ensure (as best as possible) that we get the visitation outlined in the order. We don't really want to stop the move as it would cause way to much chaos for all involved, we just want to get something good out of a not so great (moving 7 hours away) situation. Can we have the courts order the purchase of plane tickets??? If we don't get something in writing, the relationship between my husband and our family will be lost forever to include his daughter and that is just unexceptable! Thanks for you time!
shedo
04-06-2006, 08:19 AM
Usually when one parent moves away the visitation guidelines change - usually visitation fewer times during the year, but for longer periods - for example using holidays (time off of school) for visitation, and instead of splitting Christmas day, you alternate the holiday each year, etc.
Usually the court will hold the party who is moving responsible for travel costs associated with visitation because of the distance. But they will sometimes take into consideration the financial status of each family when determining who pays for travel costs.
Make sure that once your ex actually moves, that you modify the visitation order asap, you can request that she be responsible for travel costs since she is the one who moved.
william1
04-06-2006, 09:11 AM
If I were you, I would go immediatly and petition the courts to prevent her from moving until you work out a visitation agreement that pleases both parties.
This was my mistake (not doing this) and now I am being prevented from seeing my daughter.
If she moves, as the father, you would e responsible for plane tickets 100%
mommyof4
04-06-2006, 12:08 PM
If I were you, I would go immediatly and petition the courts to prevent her from moving until you work out a visitation agreement that pleases both parties.
This was my mistake (not doing this) and now I am being prevented from seeing my daughter.
If she moves, as the father, you would e responsible for plane tickets 100%
Not necessarily true, unless the father did something (violence, threats, etc) that necessitated the move for the mother and child. I moved from NC to TX. We are ordered to split the travel costs 50/50. That was really unusual, but the ex royally screwed up in court. Of course, now, he's put himself in an even worse postition and everything I said he would do, he has done. The judge actually told him that the ex would be wise to never be back in his courtroom for any reason, because he would not like the results. Usually, the moving party will be ordered to pay at least 50% or more up to the total amt. of travel expense.
Jeff2121
04-11-2006, 05:53 AM
I am in the same sistuation, I am going to see lawyer today. I have done some resreach on this issue (I am in TN). According to TN law the move has to be in the best interest of the childern. That means by her moving to VA because of a job, does not mean that it is the best interst of the kids if she has a job currenty. I am just using a job as an example, there other reasons why people just up and move. I am going to try my damndest to stop here from moving my kids away from me. She is a Nurse at this time very stable employment, her husband has job offer in IN. to make more money from what my kids have told me. I have been told by folks on this message board and others that a move of this situation would not be to the best interst of the kids. The kids are totally against the move. I have a good relationship with 2 boys for her to sneak off and move them away. Check you state laws for you rights (they may be simular).
Jeff
william1
04-11-2006, 06:43 AM
what happens is she already moved. My BM moved three months ago and took my daughter with her (1 1/2 hours away out of state). She refused to let me see her until I was finally able to get a temp. visitation order 6 weeks ago. We had no custody order at that time, but my daughter had been living primarily with me. I have since filed for custody. Is it possible that the judge would make her move back? The only reason she moved down there was to live with her boyfriend.
Jeff2121
04-13-2006, 02:26 PM
A live in boy friend is a smoking gun, file a petetion against her as unfit. In TN I understand that is totally unexceptable. Let your Lawyer know that you have been keeping her, do you have documentation on the time she has stayed with you and the time she has stayed with her mother (that is important)? She could to be made to move the kids back to her pervious location.........hope this helps
Jeff
william1
04-14-2006, 08:13 AM
last week she just claimed that she is living at her moms house and has lived there since she moved. I am well aware this is not the case. She gave me her address at boyfriends house when she moved and she was personally served with court papers at this address. How can I prove this?
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