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I would like to move out of state

Discussion in 'Child Custody & Visitation' started by Sindi-Lynn, Jun 8, 2018.

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  1. Sindi-Lynn

    Sindi-Lynn Law Topic Starter New Member

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    Jurisdiction:
    New Hampshire
    I have signed divorce papers that state the parent with 160 days or more with the children (me) must give the other parent 60days written notice if moving further away from current location. I also have primary custody. I wouldl ike to move 6 hours away. Im wondering what my chances are that the judge would grant this and how to go about it. I know my ex has the right to fight it. What if I propsed a split summer vacation/school year offer?
     
  2. shrinkmaster

    shrinkmaster Well-Known Member

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    We cannot say. We dont know how other parent will respond and several other factors. YOU may move anywhere its the children that are issue. You do NOT have the right to take parenting time away from other parent. You and your Lawyer should discuss this and have a plan that the other parent will accept. Parent Nook Forums - Index page
     
  3. adjusterjack

    adjusterjack Super Moderator

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    You can move as far away as you want as long as you leave the child behind.

    Keep in mind that if you get court approval to move you will have to pay for your ex's visitation costs if they are greater after the move than before.
     
  4. Sindi-Lynn

    Sindi-Lynn Law Topic Starter New Member

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    So I'm sure it wont go over well with him and I have no doubt he will fight it. I guess I was just curious if there was a better chance of getting this granted by a court if I have a job down there, or if my significant other lives down there, or if its just a case by case type of thing.

    QUOTE="adjusterjack, post: 276560, member: 110951"]You can move as far away as you want as long as you leave the child behind.

    Keep in mind that if you get court approval to move you will have to pay for your ex's visitation costs if they are greater after the move than before.[/QUOTE]
     
  5. adjusterjack

    adjusterjack Super Moderator

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    Case by case. But if your motivation is to be with your new boy friend, it isn't likely to go well for you.
     
  6. txls

    txls Well-Known Member

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    It's not about you it's about the children having their time with the other parent. If for example he has the kid's every other weekend, are you willing to do the driving necessary to make that happen, and is that even possible during the school year.
     
  7. shrinkmaster

    shrinkmaster Well-Known Member

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    This isn't going to be easy if at all. Before anything happens have an adult conversation with other parent
     
  8. Sindi-Lynn

    Sindi-Lynn Law Topic Starter New Member

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    So he has the kids every other weekend and 10 hours during the week. Id like to propose an every other weekend schedule during the school year and allow him his proper holidays and the summer with the exception if a little time for me. Again, I'm pretty positive he wont go for it, I guess I was just looking to see if there was any words,of advice or wisdom that could help in this process.
     
  9. shrinkmaster

    shrinkmaster Well-Known Member

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    We cant offer you much. We dont know you two. Best I can offer you is parenting forum (hosted by this site) I linked you too to see if other parents there had similar situations and how they dealt with it Parent Nook Forums - Index page
     
  10. leslie82

    leslie82 Well-Known Member

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    No one here can predict what a random judge will order. No one knows the judge who would see your case. You could talk to lawyers in your area who may have dealt with the judge in the past once you file something and get it assigned to a court.

    Usually when a parent wants to relocate the children, there has to be a really good reason that benefits the kids.
     
  11. zddoodah

    zddoodah Well-Known Member

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    What does "further away from current location" mean. Sounds like it just means moving.

    Since your post references New Hampshire, I assume this means you want to move out of state. Correct?

    Are you supposing that anonymous strangers on the internet who know nothing about your situation can intelligently predict your "chances"? As far as "how to go about it," that starts with knowing what your divorce decree says, if anything, beyond needing to give a certain number of days' notice.

    What if...? Not really sure what this question is supposed to mean.

    If you don't have a job "down there" (whatever that means), how are you going to support yourself and your child? As far as you having a "significant other," the court isn't going to care. When a long-distance move is contested, the issue ultimately is what's in the child's best interests.

    If you were to move six hours away (I assume that's six hours each way by car), how could every other weekend be practical? That would require 24 hours of driving time for each weekend.

    We don't know what's best for your child or where you're currently located or where you want to move to or why you want to move or how old the child is. Given that dearth of information, the only thing anyone here can intelligently suggest is that you consult with a local family law attorney.
     
  12. Sindi-Lynn

    Sindi-Lynn Law Topic Starter New Member

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    I wasn't looking for anyone to predict anything nor was I looking for rude and sarcastic comments. I was simply looking for some information when it comes to relocating with children after a divorce. Thank you kindly to those who were being sincere with their reply.
     
  13. leslie82

    leslie82 Well-Known Member

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    Yes you were looking for people to predict things. You literally wrote: "Im wondering what my chances are that the judge would grant this and how to go about it." We don't know what your chances are because we cannot predict the future. We don't know the judge you will be in front of or anything else. So the responses you got were legit.

    If you want to relocate a child you file through the court. You will go before a judge. You have to have a very good reason to relocate the child - it has to benefit the child and not you.

    I just had to do this with my daughter. Mine was easy since her dad is in jail - and he didn't respond to the petition so it was default. The judge approved as I'm her sole caregiver. It's not that way for everyone though.
     
  14. army judge

    army judge Super Moderator

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    To avoid comments you dislike, you can HIRE a licensed attorney in your jurisdiction and direct the attorney to litigate the issue on your behalf.

    Once you pay the attorney $10,000, I assure you he or she will not spew rude, sarcastic, or critical comments your way.

    The attorney will smile, shake your hand, be gracious, and I assure solicitous o the MAX.

    How do I know?

    Because I used to represent big time criminal defendants, mostly drug dealers and thieves.

    Once they laid that $25,000, $50,000, or $100,000 in cash or cashiers check ONLY in my hand, they had a champion, litigator, and friend all the way through the disposition of the case.

    Good luck.
     
    leslie82 likes this.
  15. Sindi-Lynn

    Sindi-Lynn Law Topic Starter New Member

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    If I could hire a 10,000$ attorney I wouldnt be here asking random people questions. Also, the lawyer I had for my actual divorce was absolutely awful so I dont have a great "taste in my mouth" when it comes to them. I can only base it off of what I've experienced. Thanks for your input though.
     
  16. leslie82

    leslie82 Well-Known Member

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    $10,000 attorney? No. I hired a lawyer and it cost me a total of $3200-ish. That was starting out with a $2000 retainer. My divorce - $1500 and that was a different lawyer than I used to modify the order to relocate my daughter.

    Look for attorneys that do free consultations to start with and shop around. I mean you don't buy the first car you look at right? It's not that hard. You are going to need an attorney to relocate your child. I don't know how it is in your state but in mine, the forms aren't even online to try to do it on my own. You may have no choice. I looked at it in my case as it's worth it for my daughter.
     
  17. army judge

    army judge Super Moderator

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    Good, because this site doesn't provide legal advice.

    Thread closed....
     

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