father moving out of state!!!!

[Shocked]

Hi, I currently reside in Michigan, My son was born here. He is now 5 as of December. I have shared joint legal and physical custody with his father seeing him 2 days a week I being the primary custodial parent.

His father pays 60$ a week and doesn't help with daycare. He is moving to Montana in June. I was just served about an hour ago.

He has put in a motion for reduced child support due to unemployment, He want 8 weeks in the summer, Christmas and Easter visitation with me paying the expenses to fly him there.

I am an excellent mother an have just recently moved to a very good area for the schools. I just signed my son up for kindergarten. I am better off financially than him but not by much by all means. I already am using mt retirement savings for daycare and will be paying more when he is gone.

My question is, is he actually going to get this request or is he out of his mind? What would my first step be besides consulting a lawyer which I must do soon. Only 10 days until court. Could I put in some sort of motion pro per until I have a lawyer?

Ty and i appreciate any info and your time.

 

[ta9167]

Hi, I am not an attorney, but I can tell you what I learned from experience. Your ex's request is unreasonable, and he may be what the court terms "underemployed" or unreasonably unemployed. The court can impute his income on your behalf, meaning that they can set a reasonable amount that he SHOULD be making in income and order him to pay the corresponding amount of child support, regardless of where he resides. The court can also require you to pay 1/2 of the costs to travel your son for visitation. I think in your case it will be worth the cost of an attorney -- this would be a good use of a credit card. The only motion I would file myself would be for an extension while you seek legal counsel. You sound like a reasonable mother. Good luck.

 

[Duranie]

He is being totally unreasonable. He moves, he provides transportation normally. I would not sweat it. chances are he will be on the hook for all travel costs.

Sounds to me he is also underemployed. I douby he will get anything he wants but you do have to go to court, or respond to the paper.

Why on earth does he think its appropriate for you to pay travel expenses, when he is the one moving? what an idiot.

 

[Shocked]

Thank you so much for your responses. I have gotten a consultation and unfortunately cannot in no terms afford a lawyer. But I have already responded to his motion on my own and had his lawyer served yesterday.
I am feeling pretty confidant as of right now. Ty and I will keep you all updated.

 

[Shocked]

Update!

Well today we saw the referee. Looks like the case is going to Friend of Court for investigation. Turns out he doesn't have a job or home lined up in Montana.

The referee told him to go but the child is not leaving. She told him we could do the court proceedings with him from telephone. I'm hoping that is a good sign.

Now here is my next question. Would I be wrong for Motioning for full custody on basis that to have joint physical parenting the parents would both have to be jointly and physically here? I stated that since I'm fully going to be raising child it only makes since I have Full Custody.

This does not mean I will not work out reasonable visitation. I want my son to have his father in his life. Mine passed as a child. My heart hurts for my son.
The father seems to think I'm in the wrong and has stated to me he hopes Karma finally comes back to bite me in the ass! No clue what he means.

This all leaves me with an open opportunity to afford a lawyer. I can do the paper work on my own. Can I have a lawyer just for representation in court?

And I guess the main question is, am I wrong for seeking full custody. I appreciate all responses from both sides of the fence. ty.