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Help! Custodial parents moving out of state North Dakota

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  • Help! Custodial parents moving out of state North Dakota

    I'm helping my brother research this, his ex just informed him she is moving out of state (150 miles away). He opposes this. His lawyer said he shouldn't bother to fight because in North Dakota, he won't win. Any suggestions? Should he just give up? If he doesn't give permission and she just moves, what happens next? thanks for guidance!

  • cyjeff
    replied
    I don't know why the attorney would say you wouldn't win.

    Seems pretty open and shut based upon what the OP has said... hmmm...

    Leave a comment:


  • mommyof4
    replied
    No, no, no...this is not going to be allowed to happen. On top of what his court order states (which is just as binding for her as it is for him) ND state statutes are VERY clear on when a parent may or may not relocate a child to a different state.


    ND code 14-09-07 Residence Of The Child: A parent entitled to the custody of a child may not change the residence of a child to another state except upon order of the court or with the consent of the noncustodial parent, if the noncustodial parent has been given visitation rights by the decree. A court order is NOT required if the noncustodial parent:

    1) has not excersized visitation rights for a period of one year or:
    2) has moved to another state and is more than 50 miles from the residence of the custodial parent.

    If she moves without the consent of your brother and does not get a court order allowing her to move, he needs to file contempt and have the court force her to return the children. The court can not stop her from moving, but the court can stop her from moving the children. If his atty does not want to get up off his butt to handle this, your brother needs to get a new atty. Both the court order and the statutes are very clear without alot of room for argument.

    Leave a comment:


  • cyjeff
    replied
    Have your brother call his attorney and get in front of a judge.

    From what you have said, she can't move without his permission or the permission of the court... and if she doesn't have his, she is going to court.

    Leave a comment:


  • kathycon
    replied
    She has custody, court order says she needs his permission or court order to move. He pays child support plus has kids every wed. every other weekend, she leaves them with him frequently, he lives close by, they stop by on non visitation days. He uses all of his visitation plus many more days as she frequently asks him to take the kids when she needs "me" time. 7 year old is severe adhd, he is very attached to his father. Mother is moving 200 miles away to marry 8month boyfriend, he is divorced, has 3 kids, joint custody. No one has met him, we are doing a background check. Mother gave notice of this move 2 days ago and plans to move before school starts. ND appears to be trying to put a law on the ballot for NOv. elections that would change custody law, require joint custody. HOping we can hold this off for now. Any advise?

    Leave a comment:


  • Zephyr
    replied
    Originally posted by kathycon
    I'm helping my brother research this, his ex just informed him she is moving out of state (150 miles away). He opposes this. His lawyer said he shouldn't bother to fight because in North Dakota, he won't win. Any suggestions? Should he just give up? If he doesn't give permission and she just moves, what happens next? thanks for guidance!
    what is the current court order? who has custody? what is the visitation arrangement? does he use his visitation? does he pay support? are they currently living in the same town?

    Leave a comment:

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