My question involves a child custody case from the State of: Massachusetts. I established a child support order in Dec. 2012. It stated the non-custodial parent pay 221 weekly for support, and obtain health insurance for the child. No visitation was requested then by non-custodial parent then. Now in Jan. 2013 I meet with the non-custodial parent to advise him, I'm moving out of MA to Maryland. He ok'd the relocation. I signed my lease in Feb 2013. I receive a request for modification in Feb. with the non-custodial parent, asking for lower child support payments. Since the court date was scheduled on 3/26/13, I requested a motion to appear by telephone. The judge approved it. I then moved to Maryland with my child on 3/10/2013. The court date comes on 3/26/2013, and the mediator calls me. The only question asked was if it was possible to drop the child support payments down weekly. I advised her that would not be ok.
I never received anything from the court after the hearing, and payments never shrunk. Fast forward to the summer 2013. I drove my child up to MA . Paid for all expenses myself. Advised non-custodial parent of the child's vacation. I drop her to my mother's house with understanding that he will have the child the majority of the time. The child was in MA for 30 days. But do to the non custodial parents chaotic work schedule, he could barely spend time with her. So my mother took care of my child. So after vacation she comes back.
Fast forward to Dec. 2013, non-custodial parent wants the child for Xmas. He drives down to get her, we make a plan for him to bring her back before she has to return back to school on 1/3/14. He calls last minute, and makes his own decision to bring her back a week later on 1/11/14. Leaving my child missing a full week of school. Now from Feb-Jun 2014 the non-custodial parent has dwindled communication with my child. He never answers phone, or return messages. Finally I got in touch with him, to advise him of my child's summer vacation trip to MA to see my mother on 6/19/14. Her trip will be 30 days again. I fly her down, once again paying all expenses. Her retrieves her a total of 4 times, the entire vacation. My child returns from said trip on 7/19/14. The non-custodial parent does call or respond to any of my child messages from 7/20/14 until present 10/28/14. I just received a request for modification on 9/5/14 to appear in court on 10/2/14. I got approved for a motion to appear by telephone. The mediator never called me on the said date. I left multiple messages. She calls the next day stating she called the wrong phone number from 2 years prior in my case file. And states to wait for the orders to come in the mail. I just got a complaint of modification on 10/28/14. Now the non-custodial parent claims on 3/26/13 he was granted judgment of visitation Sun-Tues., and states I moved out of state with my child without court permission or his permission. How did I go against a judgment that was ruled 2 weeks after I moved to MARYLAND?? And now he contesting that and requesting custody for all summers and all school vacations, and for child support payments to stop during these periods, he requesting to have the child. I have to write answers back to his complaint of modification. Plus we have another court date 11/14/14. WHAT ARE MY OPTIONS?? DO I HAVE A LEG TO STAND ON??? CAN SOMEONE GIVE ME ADVICE??? This would be much appreciated.
I never received anything from the court after the hearing, and payments never shrunk. Fast forward to the summer 2013. I drove my child up to MA . Paid for all expenses myself. Advised non-custodial parent of the child's vacation. I drop her to my mother's house with understanding that he will have the child the majority of the time. The child was in MA for 30 days. But do to the non custodial parents chaotic work schedule, he could barely spend time with her. So my mother took care of my child. So after vacation she comes back.
Fast forward to Dec. 2013, non-custodial parent wants the child for Xmas. He drives down to get her, we make a plan for him to bring her back before she has to return back to school on 1/3/14. He calls last minute, and makes his own decision to bring her back a week later on 1/11/14. Leaving my child missing a full week of school. Now from Feb-Jun 2014 the non-custodial parent has dwindled communication with my child. He never answers phone, or return messages. Finally I got in touch with him, to advise him of my child's summer vacation trip to MA to see my mother on 6/19/14. Her trip will be 30 days again. I fly her down, once again paying all expenses. Her retrieves her a total of 4 times, the entire vacation. My child returns from said trip on 7/19/14. The non-custodial parent does call or respond to any of my child messages from 7/20/14 until present 10/28/14. I just received a request for modification on 9/5/14 to appear in court on 10/2/14. I got approved for a motion to appear by telephone. The mediator never called me on the said date. I left multiple messages. She calls the next day stating she called the wrong phone number from 2 years prior in my case file. And states to wait for the orders to come in the mail. I just got a complaint of modification on 10/28/14. Now the non-custodial parent claims on 3/26/13 he was granted judgment of visitation Sun-Tues., and states I moved out of state with my child without court permission or his permission. How did I go against a judgment that was ruled 2 weeks after I moved to MARYLAND?? And now he contesting that and requesting custody for all summers and all school vacations, and for child support payments to stop during these periods, he requesting to have the child. I have to write answers back to his complaint of modification. Plus we have another court date 11/14/14. WHAT ARE MY OPTIONS?? DO I HAVE A LEG TO STAND ON??? CAN SOMEONE GIVE ME ADVICE??? This would be much appreciated.
Modification of Custody: Custody Modification with Out of State Dad
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