Custodial Parent relocation

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MorgansDaddy

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My wife has full custodial custody of her 4-year old daughter from her previous marriage. We currently live in Virginia, about an hour away from her ex husband, who lives in West Virginia. We are moving by the end of next month, and have thought about moving closer to My wife's family as she and her daughter never get to see them. It would be about 5-6 hours away from her ex husband depending on the location of the house we decide on. He currently has court ordered visitation every other Sunday from 11-7. Mind you, he barely ever makes it for visitation due to different excuses that he comes up with each time is he supposed to see the child. Nor does he pay any child support which is also court ordered because he doesn't work. I actually provide close to 75% of her support and her month provides the rest. I guess the question is, does he really have a "leg to stand on" in filing an injunction to prevent us from moving closer to her family? I feel that being he rarely visits now, I don't think it matters where we live. If he actually stuck to the visitation schedule I could see where it could make it hard for him, however, he does not. I suggested to my wife that she discuss with him possibly letting him keep her over nights and for a few nights to a week at a time at least until she starts school this fall. Then on school breaks and every other weekend for the full weekend instead of just a few hours. Plus we would help with the transportation. We are aware we have to mail a notice to the court and him giving 30-days notice of the move and we are free unless he objects. We assume he will throw a fit as he does about mostly everything that isn't his way. Quick note: Not to mention the family reasons, cost of living in the area we are looking is far cheaper than where we currently live, thus creating more money in our pockets for the child and other needs. Thank you for any advise you may have and I apologize for the how long this post is.
 
Have your wife speak with the ex-husband privately about this matter. You stay out of it. Perhaps she can make him agree to this without going to court.

Does he have a legal leg to stand on in regards to protesting this move? Yes. He is the father and, even though you provide the majority of care to this child, you are considered a legal stranger. In the eyes of the legal system there is no "we" here and the court does not really care what your opinion is in this matter. I know this may sound harsh but you are asking for legal advise in this matter.

Keep in mind that any injunction he may file does not prevent either you or your wife from moving. Just the child.

Gail
 
He has every right to try and prevent his child from being relocated a further 5-6 hours away. Expect your wife, should she be allowed to relocate the child, to be responsible for ALL transport costs related to Dad's visitation.

Bit of non-legal advice:

This is not your legal matter - what you feel and/or think are completely irrelevant to the situation. Be very careful that you aren't overstepping your boundaries as a step-parent.
 
I wrote the post to pass on what is said to my wife, which she has read as well. I do not intend to get involved in any way. She took my advice I gave her and called him and mentioned everything I wrote in the original post as far as visitation, and he said he needed time to think about it. And in the county where we live currently, the non-custodial parent is responsible for transportation cost no matter the distance. Which is why I suggested she offer to him we would meet him half way, which we do not have to do, but I figured if they agreed on that it would make it easier. Further, it was both of our opinion that it shouldn't matter where we live being he almost never visits as he is ordered to do so. I have never overstepped anything, and understand that it is best I don't. I was just asking for advice on my wife's behalf. Although usually he won't agree on anything with her and prefers to discuss things with me, I always try to stay out of it.
 
Oh, I know he has a legal right to object as her father. I was asking basically (for my wife) if based on the circumstances of the reason for the move, and the fact that he hasn't complied with the current court order and she has, is it likely if it went to court that she would be granted permission regardless of who foots the bill of transportation(which doesn't really matter)?
 
MorgansDaddy said:
I wrote the post to pass on what is said to my wife, which she has read as well. I do not intend to get involved in any way. She took my advice I gave her and called him and mentioned everything I wrote in the original post as far as visitation, and he said he needed time to think about it. And in the county where we live currently, the non-custodial parent is responsible for transportation cost no matter the distance. Which is why I suggested she offer to him we would meet him half way, which we do not have to do, but I figured if they agreed on that it would make it easier. Further, it was both of our opinion that it shouldn't matter where we live being he almost never visits as he is ordered to do so. I have never overstepped anything, and understand that it is best I don't. I was just asking for advice on my wife's behalf. Although usually he won't agree on anything with her and prefers to discuss things with me, I always try to stay out of it.
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Doesn't matter. If she moves the child away it's highly likely that your wife WILL be providing ALL transport/costs..at least if Dad challenges it.
 
MorgansDaddy said:
Oh, I know he has a legal right to object as her father. I was asking basically (for my wife) if based on the circumstances of the reason for the move, and the fact that he hasn't complied with the current court order and she has, is it likely if it went to court that she would be granted permission regardless of who foots the bill of transportation(which doesn't really matter)?
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She needs to prove that this move is in the child's best interest.
 
Non custodial parents are NOT responsible for transportation if the CP creates the distance. Dad does not have to agree to the move. Dad has more rights than the inlaws here. Your wife needs to make a more than fair offer than would probanly require adjust child support for any transportation costs AND at the minimum your wife meet halfway. It is still a 6 hr round trip for gas that is a tank of gas. Dad also has the right to ask for custody.
 
She isn't concerned about the transportation either way, and for him to take it out of the support if he did provide the transportation would make more sence if he actually paid the support he is ordered to pay. She suggested to him that she would give him a lot more, longer visitations and he said he needs time to think about it. He does have the right to seek custody, which would be a waste of time though because a child protective services worker in West Virginia where he lives testified in court that if he is granted custody, they would remove the child from him. I guess when they still shared custody, his neighbor reported him and the found he is unfit and also apparently at some point in time he threatened the life of the worker(s) doing the investigation. Again though I say my wife said she doesn't care about the transportation no matter who provides it or if it is a meet half way type of deal. She just wanted to know if it was likely the judge would permit the move based on the circumstances or if he would likely not permit it. Since everyone seems to think the issue is the transportation side, I will re state the circumstances. First, the move would locate the child closer to a lot more family. Second, more money would be left over after paying bills where the new home would be because cost of living is so much cheaper, thus leaving more money left over for support of the child. And last, he doesn't follow the support order, nor the visitation order, as in he hasn't paid a penny of support before or after it was ordered, and since the last court hearing ordering him to visit the child every other Sunday from 11-7, he has only came to see her once, citing different excuses every time he is due to visit. In the current visitation order it is stated that the non custodial parent be responsible for all transportation cost for him to visit the child, however, my wife is fine with that going the opposite way, so no advice is needed in that regard.
 
He was found unfit?

Really? But they're apparently ok with him having unsupervised visitation?

And what about Mom? What were the circumstances?

(This could make a difference actually)
 
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Umm, I have never went to any of the court hearing, which I shouldn't. I know what I know from the court orders and what my wife has told me. Basically last time he was told he has the right to petition the courts to modify visitation, which any parent does no matter what, doesn't mean it will happen but they have that right. Also they were both told that it would be better if any changes in visitation could be agreed upon by both parties instead of dragging it back to court. It is noted in the most recent order how he didn't comply with the order from the first hearing(the first time the judge put an order in with another hearing 6 months after to see if he would comply and stay change I guess). Well the judge determined he failed to comply which is why she(or he, no sure the gender of the judge) issued a final order keeping things the same with no over nights and basically seeing her 14 hours total per month. My wife and I both think it seems his drug problem is gone, not that he has a choice because he is on probation for 5 years(not sure the charge, just know it was a felony conviction) and is tested every month. I feel though he is trying to change though and begin someone who grew up without a father, I would hate to see Alexis go through the same thing. Which is why I suggested to my wife that she extend his visitation. Of course her feeling is that i fine but she wants to start off with a weekend at a time and then work up to even longer visits which does make sense. He is supposed to let her know sometime today what he decides on. I guess now that they are just trying to agree on the visitation(I think he doesn't want to take it back to court being it has never went his way, thats just speculation though) I suggested to them both that within the nexxt two weeks wehn we want to go to Ohio, where we would be moving to, to house hunt for about 2 days, he keep her and see how things go from there. Which they both seem to like the idea. Yes I know I am not supposed to be involved but It seems when they can't agree i get stuck anyway being the voice of reason for both sides and I cant tell you how many times hes asked to speak to me only because whatever I guess issues still remain. When either ask me for advice which happens all the time, I try to look at it as an outside which is what I really am. Either way I guess to answer you, yes he was found unfit at the time of court and found to not have complied with previous orders and My wife was found to be fit and to have complied, which is why when they went back everything was finalized unless a modification is ever filed and it is heard again. Sorry it seems like all my post are so long.
 
Sorry, Yeah thats why he got his overnight visits taken away, at time time he was still on drugs and ended up going to jail doing the CPS investigation(which my wife got a copy of the report but with a lot blacked out I guess for privacy reasons of the people who made to complaint and perhaps that is standard. Also during the 6 months between court hearings he spent a month in jail. It does seem like he has made a lot of progress though and if he has I would love to seem him and Alexis spend more time together. I think the reason why he comes to me when he is mad at my wife or when they just can't agree is because I try to look at it from both sides, and I of course have the "male perspective" lol. Back when he was found unfit I could have easily hired a lawyer and adopted her, but I like I said grew up without my biological father because my step father at the time wouldn't let him visit, not sure why he didn't take it to court, maybe he didn't know his rights, who knows. But it makes me want to see Alexis grow up with him in her life as much as possible.
 
sorry again, one more thing, his visits now are supervised but they are supervised by his current wife, who does have the child's best interest in mind, so he lost unsupervised visits as well as overnight essentially.
 
So he is apparently fit at this point to be a parent?

(don't apologize - step=-parenting is VERY stressful at times and it's virtually impossible not to become emotional tied up with it all!)
 
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