Modification or New Parenting plan

[Bennie]

Jurisdiction

Washington

My name is Bennie, I currently have a 13 year old parenting plan in King County, Washington State that needs to be modified. My son's mom has moved to upstate New York with my son and without notifying the courts or modifying the parenting plan. They've been living in the Saratoga area for about 2.5 years now. I'm from Texas but, I'm currently living and working in Nanjing, China. I will be home for 4 weeks in August. Me and my son are both looking forward spending some time together. His mom and I aren't agreeing on the amount of time that I should be spending with my son or the places we can go during my visit. My son is 13(14 in June), his mom isn't considering his wants, only hers.

All circumstances in our current parenting plan have changed. Which stated that I couldn't take him out of the state of Washington. He was two years old at the time of the current parenting plan.
Since neither of us are living in Washington State, I'm not sure if I should file a modification to our current outdated plan. Or should I file a new plan in New York via attorney.

I fear that if I file for a modification in Washington State, my sons mom doesn't have to follow it since she in living in New York. That's out of Washington States jurisdiction and they can't enforce anything. So then, I would probably have to file another parenting plan in New York. Is that right?

We need a long distance plan based on our changes. I want to have him at my home in Texas during our visitation. If possible, I would like something temporarily in place for my visit in August. I also would like any feedback to help move forward.

Thanks

 

[KatDini]

You've waited a bit late for August. I would suggest contacting an attorney in Mom's jurisdiction (New York county she resides in) and see about domesticating and then amending the order. It may certainly take way longer than you wish at this point, but will be in place for the next summer.

 

[dajett1]

You've waited a bit late for August. I would suggest contacting an attorney in Mom's jurisdiction (New York county she resides in) and see about domesticating and then amending the order. It may certainly take way longer than you wish at this point, but will be in place for the next summer.

Yes KatDini, you're right. There wasn't an issue until recently when I requested more time and to travel home to Texas with my son.

 

[txls]

"That's out of Washington States jurisdiction and they can't enforce anything"
Think about that statement. It goes both ways. I'm not advising anything, but you might ask yourself this question. If I take my son to Texas, what will happen?

 

[army judge]

My name is Bennie, I currently have a 13 year old parenting plan in King County, Washington State that needs to be modified. My son's mom has moved to upstate New York with my son and without notifying the courts or modifying the parenting plan. They've been living in the Saratoga area for about 2.5 years now. I'm from Texas but, I'm currently living and working in Nanjing, China. I will be home for 4 weeks in August. Me and my son are both looking forward spending some time together. His mom and I aren't agreeing on the amount of time that I should be spending with my son or the places we can go during my visit. My son is 13(14 in June), his mom isn't considering his wants, only hers.

If you're serious about your desire to maintain contact with your children as their father, you'll hire a lawyer to seek that remedy.

The mother of your children complicated life for everyone when she left WA almost 3 years ago to live in NY.

Your task will be difficult at this point, especially because you are hopping all over the globe.

I won't break the rest to you, mate, I'll leave that for the lawyer you hire.

If you haven't been paying child support, your life will become even more complicated.

I suggest you reach out to a few lawyers in the county where the children reside.

I wish and your family well.

 

[leslie82]

My name is Bennie, I currently have a 13 year old parenting plan in King County, Washington State that needs to be modified. My son's mom has moved to upstate New York with my son and without notifying the courts or modifying the parenting plan. They've been living in the Saratoga area for about 2.5 years now. I'm from Texas but, I'm currently living and working in Nanjing, China. I will be home for 4 weeks in August. Me and my son are both looking forward spending some time together. His mom and I aren't agreeing on the amount of time that I should be spending with my son or the places we can go during my visit. My son is 13(14 in June), his mom isn't considering his wants, only hers.

All circumstances in our current parenting plan have changed. Which stated that I couldn't take him out of the state of Washington. He was two years old at the time of the current parenting plan.
Since neither of us are living in Washington State, I'm not sure if I should file a modification to our current outdated plan. Or should I file a new plan in New York via attorney.

I fear that if I file for a modification in Washington State, my sons mom doesn't have to follow it since she in living in New York. That's out of Washington States jurisdiction and they can't enforce anything. So then, I would probably have to file another parenting plan in New York. Is that right?

We need a long distance plan based on our changes. I want to have him at my home in Texas during our visitation. If possible, I would like something temporarily in place for my visit in August. I also would like any feedback to help move forward.

Thanks

They moved 2 1/2 years ago and you didn't do anything then? Call a lawyer that's what I would do. They'll know exactly what you need to do.

 

[adjusterjack]

Yes KatDini, you're right. There wasn't an issue until recently when I requested more time and to travel home to Texas with my son.

Well, there's another way of looking at this. Your ex is obviously hostile to your wishes and attempting to litigate between now and August risks the possibility that she withholds visitation out of anger.

My suggestion is a common sense approach (not legal advice). You're obviously in decent financial condition and should be able to afford to rent a place for a month in Saratoga (a nice B&B maybe) and just go there and be available for as much visitation as possible. When your son knows you are in the same town and he doesn't have to go to school my guess is that your ex will be hard pressed to refuse him if he wants to hang out with you.

While you are there, you can secretly consult an attorney if you want to but if you continue to live in China and only come back to the US for 4 weeks out of the year I think the cost and aggravation of litigation would be foolish.