Co-Parent Moving out of state

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Latest post Fri, May 12 2017 1:43 PM by Drew. 5 replies.
  • Mon, May 8 2017 7:17 AM

    • lmg71882
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    • MI
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    Co-Parent Moving out of state

    My ex and I have joint physical and legal custody of our 7 year old daughter. Her father is looking at moving out of state (MI to TX) due to a job change for his current wife. He wants to split custody every other year, but I am not in agreement with that at all. Has anyone heard of a case where this was done? All of my daughters family is here, including his family, that I am still very close with. She is also established at school and has great friendships started there and at our local church. 

  • Mon, May 8 2017 8:53 AM In reply to

    • Drew
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    • Joined on Thu, Mar 30 2000
    • PA
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    Re: Co-Parent Moving out of state

    So just how does child benefit from all this....are the TX schools that much better?

    GIven you don't agree to his idea, he must now take it to court...I suggest you use counsel to best advance what you think is best for child...and he picks up ALL transportation tabs for such visitation as in granted for TX  parent . 

     



  • Mon, May 8 2017 9:35 AM In reply to

    Re: Co-Parent Moving out of state

    Anecdotes don't really matter.  If you object -- and I think what he's proposing would be crazy -- then tell him so and prepare yourself for a potential court battle.

  • Tue, May 9 2017 3:41 PM In reply to

    • Kivi
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    Re: Co-Parent Moving out of state

    I agree with the attorney. Switching schools, every other year like this is crazy and this is what would be required given the logistics. She is not a teenager yet, but in six short years, she will be and she really will want to to be with her friends and probably will raise "a huge fuss" about going back and forth like this. 

    However, he will get visitation. Since he is creating the distance, he should get the bill for the tansportation costs Most of the time, in these situations, the child generally stays with one parent during the school year (with somewhat generous visitation WITH the other parent, during Xmas break, for example) and usually winds up spending most of the summer vacation period with that other parent. Which parent has the child for the school year and which parent has the child during the summer is "up for negotiation", If you cannot agree, then it goes to court where the standard is generally "the best interests" of the child. The "best interests" of the child may favor her staying in the current location in your eyes and, if your current state of residence is the one that issued these custody orders, that fact probably favors you as well. But, I would use an attorney, if "it comes to that". 

    What you might want to do is some preliminary research on how the family courts in your area (assuiming that the current custody orders were issued by one of them), generally handle these situations, which are not uncommon. If you do have to go to court, you want a "counter-proposal" that is likely to be accepted.

     

     

  • Wed, May 10 2017 7:41 AM In reply to

    Re: Co-Parent Moving out of state

    What he is wanting is absurd and does not exist and would not entertain that nonsense for another minute. He needs to understand if he moves, he will basically lose any joint parenting time he has. He needs to understand also your current state has jurisdiction and all court matters will remain in MI.

    I would let him know up front a new visitation schedule will have to be set up and he will be 100% responsible for all travel costs since he is moving. And he pretty much will be seeing his child a couple times a year. You can redo a visitation schedule that includes the kids breaks from school and summer but that is all that really makes sense.

  • Fri, May 12 2017 1:43 PM In reply to

    • Drew
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    • Joined on Thu, Mar 30 2000
    • PA
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    Re: Co-Parent Moving out of state

    BE sure to revision child  support math based on any new fact pattern..

    My guess is Dads wacky  proposal was an attempt to maintain 50/50 as an excuse not to pay child support .



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