Ex wants to take daughter out of state

[confused33]

My ex and her husband have a new job opportunity in Arkansas. She has informed me they are moving there in 2010. We have shared custody and I see my daughter every other weekend and on the holidays, etc. I am very involved in her life. I thought in our divorce agreement that we put neither of us could move more than 150 miles, but I cant find that clause now. Is this something she can just up and leave?

 

[jharris352]

She can not just up and leave unless she wants to maintain your visitation schedule as is. I doubt she wants to bring your daughter back every other weekend etc. If I were you I would notify her by Certified letter that you are going to take her back to court to prevent the move if she does not negotiate with you. If you are willing to work something out that may work. If not, just file for injunctive relief to prevent her from taking your child out of the state.

 

[Duranie]

Legally she cannot just get up and leave. That is a good way to lose custody and piss off a judge. Since she has notified you of the move, you need to fight it. How did she notify you? Did she file anything in court?

You need to see an attorney about filing for custody. Do not assume mom can just move. You have the right to try and keep the daughter in the state.

If mom somehow is allowed to move by the courts, I would ask that mom provide 100% of all transportation costs. How many miles is she moving? That may change your visitation schedule off of every other weekend but if you can prove the move is not in the childs best interest, you may get custody.

 

[confused33]

UNfortunately court doesnt scare her. We recently went through a big ordeal to modify visitation and even though they sent her contempt paperwork, she still didnt show up half the time. The court let her slide and did nothing about it. She refused to produce financial paperwork and to appear when requested by the judge. Since there were no reprecutions, this would not make a difference. I think the injunction may be the way to go. I was looking online for more info but am hitting a wall. Any advice?

 

[jharris352]

You are going to need an attorney. Further, the court is going to do whatever you PRESS to have done. You need to stay after the court if she does not do what she is to do. Keep filing contempt paperwork.

Many people misuse the process so they are careful about jumping on the first contempt proceeding unless filed by an attorney (it will get a bit more respect).

 

[confused33]

Thank you. We had an attorney at that time and so did she. It was amazing that she dragged things out and caused us to incur lots of additional attorneys fees...but never did she have to take responsibility for her actions. She laughed about the whole thing. I guess its back on the trail for a new attorney we go. Thanks again!