My question involves a child custody case from the State of: MN (CA)
Hi,
I've posted a few times while back. Just planning ahead as we need to consider a relocation due to job opportunities. It's a bit of a convoluted custody arrangement...
1. Original custody is in MN - mother got permission to move out of state with child (age 4), moved to FL... then moved to CA (when child was age 6) with new husband due to his job change.
2. Child is now 9 years old, going on 10. Ex moved to same town in CA. Instead of following the prearranged custody agreement set up, in case he does follow us out of state, he requested decrease of visitation time to once every other Sunday, each time 3 hours long. (26 Sundays a year...)
3. Because the newly set-up custody/visitation order (filed with MN courts as the custody order still remains in MN) has strict wording regarding any contact with me (mother), ex has been decreasing his visitation... all of 2014, he's only asked to see her 6 times, i.e. 6 Sundays, 18 hours, entire year. There is a provision that allows him to ask for more time (and I agreed to provide) as long as he's seen her on a regular basis to build a relationship with her.
4. He is also now 4 months behind on child support. Child has not seen the ex for 3 and 1/2 months (not unusual). I realize this has no bearing on visitation agreement but thought I'd mention this just in case.
5. We are considering a relocation to another state. On the custody order, there is no language that bars me from relocating with the child. There is language that provides for an alternative parenting plan should we live more than 30 miles from each other. He does not get overnights, does not want overnights, and cannot haver her overnight due to the nature of his job. (Usually a bartender, now a rep for beer company, i.e. travels a lot, supposedly, although our town is so small that we do see his car parked at home on weekends...)
6. Questions: Although the alternative plan would actually give him more time, knowing my ex, he will threaten to take me to court to stop me from leaving. Can he stop me from leaving even though he will not/cannot/does not want to be the primary custodial parent? How do judges usually rule in these cases? When he was still living in MN, I had offered to pay 100% of the travel since I have family in MN, i.e. I would visit family while he saw her for a few hours. Now that he's in CA, do I still have to honor the 100% travel cost or would I be justified in asked for 50/50 arrangement?
Would appreciate any expertise and/or thoughts on this. Thank you in advance!
Hi,
I've posted a few times while back. Just planning ahead as we need to consider a relocation due to job opportunities. It's a bit of a convoluted custody arrangement...
1. Original custody is in MN - mother got permission to move out of state with child (age 4), moved to FL... then moved to CA (when child was age 6) with new husband due to his job change.
2. Child is now 9 years old, going on 10. Ex moved to same town in CA. Instead of following the prearranged custody agreement set up, in case he does follow us out of state, he requested decrease of visitation time to once every other Sunday, each time 3 hours long. (26 Sundays a year...)
3. Because the newly set-up custody/visitation order (filed with MN courts as the custody order still remains in MN) has strict wording regarding any contact with me (mother), ex has been decreasing his visitation... all of 2014, he's only asked to see her 6 times, i.e. 6 Sundays, 18 hours, entire year. There is a provision that allows him to ask for more time (and I agreed to provide) as long as he's seen her on a regular basis to build a relationship with her.
4. He is also now 4 months behind on child support. Child has not seen the ex for 3 and 1/2 months (not unusual). I realize this has no bearing on visitation agreement but thought I'd mention this just in case.
5. We are considering a relocation to another state. On the custody order, there is no language that bars me from relocating with the child. There is language that provides for an alternative parenting plan should we live more than 30 miles from each other. He does not get overnights, does not want overnights, and cannot haver her overnight due to the nature of his job. (Usually a bartender, now a rep for beer company, i.e. travels a lot, supposedly, although our town is so small that we do see his car parked at home on weekends...)
6. Questions: Although the alternative plan would actually give him more time, knowing my ex, he will threaten to take me to court to stop me from leaving. Can he stop me from leaving even though he will not/cannot/does not want to be the primary custodial parent? How do judges usually rule in these cases? When he was still living in MN, I had offered to pay 100% of the travel since I have family in MN, i.e. I would visit family while he saw her for a few hours. Now that he's in CA, do I still have to honor the 100% travel cost or would I be justified in asked for 50/50 arrangement?
Would appreciate any expertise and/or thoughts on this. Thank you in advance!
Relocation: Relocation When the Father Does Not Currently Exercise His Visitation Rights
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