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Experience w/custodial mom moving child out of fathers state w/o filing intent to move w/court???
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Experience w/custodial mom moving child out of fathers state w/o filing intent to move w/court???

My husband found out he had a daughter, now 3, a little over a year ago. After receiving a paternity order and support order the mother moved the girl to MO from IN in Oct 2006. She moved back to IN from June 2007-Aug 2007 and then moved back to MO. She notified us the 2nd time via email. When she was in Indy we were getting visitation Fri-Mon. Now we haven't seen her in 8 months. She has canceled numerous times for meeting halfway and we cannot make the full 8 hour drive (one way) as we have children and jobs as well. We are filing contempt for visitation pro se tomorrow in order to get a court date. Does anyone have experience with the whole intent to move paperwork she was suppose to file to get permission to move my stepdaughter? I read that you as the parent may move, but you have to have courts permission to move child. My hubby has already gained custody of his 7yr old son from another women from a looney mom. The daughters mom simply can't support my stepdaughter properly. Help







keep the faith
Rating
She can't move child unless court gives her permission.Did she have court order while living in indy? She could be in violation of court order. Since she's had custody of child since birth,court will assume move is in the child's best interest unless father can prove she's doing it in bad faith.Otherwise court will allow her to move. Day care is very expensive. Mind your own business. You think judge is going to give your husband full custody so he won't have to pay child support. Keep dreaming!


justice or just us..u decide
Depending on her state laws. (Has to be filed in her state.)The best interest of a child should with the parent that can best support the child physically, mentally, and financially. As far as moving from one state to another. That will depend on the paternity order the court issued to your husband. If she is in contempt and you can prove it. File the complaint, but if it is not in the paternity order the only thing you can do is file for an amendment to revise the visitation since she has moved out of state. Make sure that the guidelines are not vague. Put down how far your husband is willing to go to meet her to pick up the child. If you are fair and willing to negotiate the judge will see this and lean more to your side. I hope this helps...Good Luck


GPW MALE
Rating
I have had a similar experience as yours. In my case my ex-wife remarried and relocated to Indiana. The only notice she gave me was 24 hours. Prior to that, we lived withing 30 minutes of each other in Michigan. This now definitely impacted my every Wednesday 5-7 vists and every other weekend. Since the were moving over 5 hours away. The court motion was filed for moving the children out of state without court approval. The judge stated that since she was moving with her spouse, due to his job she was not in any violation. Even if she was to move for her own career, I would have a difficult time to prevent it. In your case you may want to establish a history of not being able to support the child. The court should establish visitation order and allow your husband perhaps 4-6 week in the summer, in addition to holidays. Unless you can establish neglect, abuse, endangerment or mental instability you may have to get a specific visitation schedule in writing.


GambitGrrl
It really all depends on the judge. My sister got divorced a few years ago and wanted to move from Missouri to Arkansas (about a 4 hour trip) with her children to live with our parents. They wanted her to live with them to make it easier for her to go to school and they had found free preschool for my nephew to attend. The judge giving my sister full custody, granted 2 weekends a month visitation with their father, then ordered that my sister could not move outside a 50 mile radius of the children's father. She had to remain in Missouri. So I am assuming that in this case, his ex should have notified the courts of her intent to move and take the child. It could be tricky depending on her defense. Judges seem to not want to take children from their mothers. Especially in Missouri.


JTF
Rating
yes she has to file permission from the courts to move and as i can she moved many of times. the judge pending on if hes in favour of the women or not but u can only twice ayear and you can only move out of the state only if ur job is in another state but i am not too sure u have to talk to a legal lawer for that kinda of thing


Len
Rating
It sounds like your husband really loves children; so much so that he's been making them all over the country. Take careful notes as you go through this legal process because no doubt you will face it again when he moves on to his next mommy-machine.


Momto2inFL
Wow....you guys need a lawyer and fast!! We use this site for our own reference when we were researching in our own to save money. www.deltabravo.net. Search for the section that discusses moving without consent. Typically you at least need the other parent's written permission to move out of the county, nevermind out of the state. And usually a judge will need to sign off either way. I think you guys need to keep track of all this chaos in a notebook or journal. Write the times you were supposed to visit with the child and the times you've missed out on. And when you go to court, ask for make up visitation for all the time missed. She's taking advantage and your husband needs to learn his rights to stop this from happening again in the future. It's NOT easy! We do this often with my stepdaughter's mother. She has her good times and her very bad times as a mother. And all you can do is be there for your husband and be there for the kids! I wish you guys luck! Sounds like this could get ugly!! I'm not a lawyer, but I'll help the best I can if you need it!


laurie
wow- well ,I'm certainly no expert in child custody . I'm going through divorce myself at the moment with three children involved . I would guess that you are going to have to hire an attorney and take her to court . I'm not sure where the law stands on removing a child from the area where the non-custodial parent lives . If you and your husband are making regular child support payments you have a right to see the child . If you go to court , she doesn't hire her own attorny, doesn't show up for hearings she would lose by default would be my assumption . I just don't see any other way you can get partial or full custody without taking her to court . Good luck to you ! : )


☆Pineapple Princess☆
i honestly have no experience with this, but i hope evrything works out for you and ur husband! its so messed up for a parent to completely disregard the other parent in a situation like this! good luck and God Bless!







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