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CP is moving

Started by gambit, Jan 05, 2007, 04:56:33 PM

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gambit

This may be more of a legal interpretation question but any insight anyone might have on this issue would be greatly appreciated.

I am the NCP to an 8yo girl.

In my divorce orders I agreed to the following.  "CP can travel or move to any location within the United States with the child as long as NCP is given 90 days written notice of intent."

I agreed to this modification based on a mutual understanding the ex and I had prior to divorce that we did not want our daughter growing up in the area we currently live.  We also wanted to move to an area that had better medical facilities to treat our daughters mild developmental disabilities.  

What I am wondering is, by agreeing in advance to any move CP might make, did I also agree by omission to pay for all travel costs associated with visitation?  Currently I have visitation every other weekend and am responsible for providing all transportation.      

Also will this agreement hurt my chances of obtaining a long distance visitation schedule since I won't be able to use contesting the move as leverage in court?

Thanks for any thoughts on this.
 

Jade

>This may be more of a legal interpretation question but any
>insight anyone might have on this issue would be greatly
>appreciated.
>
>I am the NCP to an 8yo girl.
>
>In my divorce orders I agreed to the following.  "CP can
>travel or move to any location within the United States with
>the child as long as NCP is given 90 days written notice of
>intent."
>
>I agreed to this modification based on a mutual understanding
>the ex and I had prior to divorce that we did not want our
>daughter growing up in the area we currently live.  We also
>wanted to move to an area that had better medical facilities
>to treat our daughters mild developmental disabilities.  
>
>What I am wondering is, by agreeing in advance to any move CP
>might make, did I also agree by omission to pay for all travel
>costs associated with visitation?  Currently I have visitation
>every other weekend and am responsible for providing all
>transportation.      
>
>Also will this agreement hurt my chances of obtaining a long
>distance visitation schedule since I won't be able to use
>contesting the move as leverage in court?
>
>Thanks for any thoughts on this.
>  

It shouldn't.  Look up what the standard visitation for parents who live a great distance apart.  That will give you an idea of what to expect.  I don't know how costs for transportation would work out.  In some states, it is the parent that moves away that covers all of the costs.  Or it is split between the two parents.

Could you move to where your child moves to?  

Mamacass

I could be wrong here, but can't you still file to fight the move if you want?  Our CO stated that each parent must notify the other at least 30 before any change in address.  However, when the BM wanted to change her address to another state, some 4 hours away, we filed to stop her.  It could be that she is required to give you 90 days notice so that you have enough time to file before she moves.  

Since the BM is the one moving, I think it would be reasonable for you to request that she cover the transportation costs, or at least split them  If you have kept up your EOW visitation, and she's moving too far away for EOW to be realistic, then file to update the visitation schedule due to change in circumstance.  If you and BM have a good relationship, you could probably discuss everything in mediation rather than fighting it out in court.  But either way, make sure you cover yourself by getting it through the courts.