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You should of put your info on why you want to move in the initial petition. This was his response to your petition. Now you know where he is coming from and can have proof for the hearing (job employment, housing secured....). You will present your side of the case at trial but first you will have at least one hearing to see if you both can work it out. If you need to move by a certain date, you may need to file something to make sure the courts will make a decision by that date.

Well I put my info in the initial petition, so did he. But now he come back with a lot more information where he explains why it is not in the best interest of our son to move to another state. So I feel that I need to respond to this before going to trial that way the judge can read my response too. He wrote three letters of things, so if I wait until trial I am worried that I won't have enough time to respond to all this accusations in one session. Thanks for your response!

I am wondering if people can refer me to good research on 50/50 parenting times. I have done my own search and has not find good resources. Most people say that it is best that kids spend with both parents but I am wondering what are the conditions for that to be true. I have had that schedule with my ex since we got divorced 6 years ago but last year I remarried and my husband has a son the same age than mine (they are both almost 7). The boys get along really well they play together all the time, and my new step son has been a great influence for my son too. Since things changed around my house, we are a family and do everything as a family. I make sure we treat both kids equally too. My son seems to be straggling with having to go with his father now, not wanting to go and when he comes back he is displaying some disruptive behavior that I haven't seen before. I almost think it would be best if my son sees his dad less often now so he can be with a real family most of his time and just visit with his dad once a week and not overnight and once every other weekend. His dad is still single and living along.

Thanks,
F

Hi

I got a "Respondent's affidavit in support of respondent's response to petitioner's affidavit including cross-motion to modify parenting time" from my ex-husband attorney. In this document my ex explains why parenting time should not be modified to allow me to move to another state. I am wondering if I can also prepare a "Petitioner's (myself) affidavit in support to petitioner's affidavit." So I can respond to the false accusations (I am planning on attaching supporting evidence in the form of email conversations between my ex and myself) my ex made in this document.

Thanks for your support,

F.

There really is no reason for his documents. You are moving. You will have to pay for all of travel most of the time. What will change if you get his paystub? No reason to have it.

Really, you should of waited until a judge requested you give him those documents. If you want to move, you will need proof of new job, new housing, and why it is in the best interest to move far from an involved father. Be careful. Some judges say, sure go, I am reversing custody to father if you go. You knew you had a child with the father and he was involved so proving why you must move from the area will be the focus.

They will ask:
1. Why can't child stay with father, in same school/daycare/friends/extended family?
2. Why can't you get job near father? Come up with help wanted ads in your field...
3. Why can't you rent apt near father if you have to move?

These boards really try to have BOTH parents involved, and unless there was NO contact or abuse, a child should be allowed to grow up near both parents as much as possible. You are asking for a very big move and what is best for the CHILD? The father will loose a lot of time with child if you move to another state. If you can, get a school calendar in new area, look for long weekends, offer them all, most of summer, winter break, a split the holidays. Think, what if I was on the other side of this...

This is very helpful, I should have asked here before sending the documents. But now it is done. I am prepared to answer the questions you suggested. Thanks again, F.

Not sure what documents you are asking for from him when you are moving away? What is the reason you need info from him?

His lawyer should be asking you to prove that you have a job, housing and reason why child should move away from dad....

Most states are making it very hard to move out of state if the father has been exercising his parenting time and involved. Some states say that you can move but child stays with other parent (Father) if you decide to go. If you are up against a lawyer, you should really get one. Lawyer can drag this out in court for months/years.

I am asking for the same documents his lawyer asked for (paychecks, banking accounts, health records, PERS, leaving expenses). I guess I don't need his living expenses but his baking accounts I though could be helpful.

Yes my state is one of those that make this hard. I think I am going to call an attorney today, I was already thinking about that so your suggestion just confirmed my thoughts. Thanks, F.

You'll have to prove they are relevant.

Thanks for your response, can I prove by arguments or need to provide documentation some how?

Hi,

I have a relocation case with my ex-husband. I am the petitioner and he is the respondent. I have custody of our son and I am hoping to relocate to other state. We have a hearing scheduled next month and my ex-attorney (I don't have an attorney I am representing myself) requested a production of documents. I responded to this request and sent all the documents requested. I also made the same request to my ex-attorney so they will send me the same documents they requested from me. In the middle of the process my ex-husband changed attorneys and his new attorney was the one responding to the production of documents. In her response she indicated and objection to provided most of the documents I requested. In most cases she indicated that the information it was privileged. Apparently I should have not send the documents they requested and respond on the same way but I didn't know. I just assumed that I had to give them those.

My questions are:

1. Can the new attorney really object to providing the documents? I think some of them are relevant to the case.

2. How can I legally do another request indicated that she is obligated to send those, if that is the case? IS the a low I can cite?

Thanks for your responses in advance! F.

We are not lawyers but it sounds like just something that needed to be filed to you/courts. Add it to your pile/files. I have seen that wording in petitions so maybe they did not use that wording and lawyer is covering themselves. Both parties are agreeing that this is the only open case so the courts can move on with the case.

Ok, that makes sense. Thanks for your help. F

What does it say on it?

It just says that there is a pending child support proceeding in my state. I will quote:

"I hereby certify that:

1. There is a pending child support proceeding int his or any other state involving the parties' child.

2. There are no other child support orders/judgments in any other state involving the parties' child."

Hi,

My ex-husband's attorney sent me a Certificate RE: Pending child support proceeding for our son. I don't know what to do about it. I do not have an attorney and I am trying not to have to pay one. Recently, I submitted a 60 day notice of relocation to a different state and my ex file for change of custody and modification of child support to keep our son when I move, I am handling that but I just don't know what to do with the certificate.

Does anyone know what I need to do with the Certification that the attorney sent to me.

Thanks,
F.