S.P.A.R.C.

Separated Parenting Access & Resource Center
crazy gamesriddles and jokesfunny picturesdeath psychic!mad triviafunny & odd!pregnancy testshape testwin custodyrecipes

Author Topic: Custodial parent wants to move, take kids, how do I stop this???  (Read 4936 times)

jm202610

  • New Arrival
  • *
  • Posts: 2
  • Karma: 0
    • View Profile
I'll try to make this brief.
I've been divorced for 1 year, in court over it for 3 fighting custody issues. We got things settled, I see the kids one weekend a month and half of all holiday breaks from school. Kids are 6 and 7. I would love to see them more, but they live with mom 12 hours away roundtrip. She moved because she doesn't work, claims she can't because of a psuedo brain tumor (this was total horshyt that she could not prove, she saw countless specialist, and now that court is over she is "healed"!). So she moved to live with her parents so they can support her (she refused to work). I have to do all transport because she claimed she can't drive (more horshyt, she drives all over town).
 
Well now her daddy is retiring and moving to Alabama, we live in California, and she wants to move with them because they basically support her. She wants to move in December. Also, she met a guy online about 6 months go, they are getting married in September. He is in the military and going to Iraq soon after the marriage.
 
Question is:
 
Will judge allow the move? (we have joint legal and order says she can't move without my consent). She is gonna petition the court.
 
If hubby is in Iraq, can't she live anywhere she wants? Is living with her parents necessary?
 
If she is allowed to move, who will pay for transport? It is extremely expensive, and they will have to fly unacompanied minor...I don't make much money...


armycoppertop

  • New Arrival
  • *
  • Posts: 24
  • Karma: 3
    • View Profile
Re: Custodial parent wants to move, take kids, how do I stop this???
« Reply #1 on: Aug 24, 2009, 11:12:56 AM »
I will only reply to the military part, and I believe that all branches will fall under the same rules as Army rules for this situation...
 
Military dependents of Active Duty personnel may live wherever they want, however, they will receive housing allowance based on where the service member is stationed (they are not STATIONED in Iraq, they are deployed TO Iraq, he is stationed somewhere else that is "home base"). The assumption is that the families of military personnel are expected to live at the service member's station of assignment. So if he is stationed at, say, Fort Irwin, CA, the assumption is that she is going to live at Fort Irwin while he is deployed.
 
If she marries a service member, she has a chance. I know the average judge will not let the military member's service be used against them to either force them to live apart from their spouse or force their spouse to give up custody of the kids (although it DOES happen), so long as the moves are in accordance with MILITARY orders, not a I feel like moving just to move deal. As a reservist, the military doesn't care where they live, as the reserves don't dictate duty assignments, the service member moves where they desire and selects a unit they wish to be assigned to and ask the unit if they have a slot for them.
 
I have seen some judges say that the NCP was responsable for all transport since the move was due to military service, while most judges will either split the cost or make the CP comepletely responsable for the expenses of travel. When the military card comes into play, it is hit or miss. But the service member can also request that they be assigned to a local assignment due to the custody issue, it is not a promise, but they have the ability to request... I know about a dozen Soldiers who were able to get their duty assignments changed from one assignment to one in the state of TX since their spouses court order said they could not take the child out of state until age 3 and the judges refused to allow an exception even for miitary service.

MixedBag

  • Global Moderator
  • SuperHero
  • *****
  • Posts: 3049
  • Karma: 155
  • That's Me...MixedBag
    • View Profile
    • http://www.doilyboutique.com
Re: Custodial parent wants to move, take kids, how do I stop this???
« Reply #2 on: Aug 24, 2009, 07:31:08 PM »
Some it depends on how long he will be deployed to Iraq too -- there are short and longer periods of time for service members.
 
For the longer periods -- like it was already said, the dependents can live where they want and the military will actually move them.
 
From Mom's point of view, it make sense to move with her support system.
 
From Dad's point of view, of course you want her to stay put.
 
Many times it's advised to fight a move away -- some are won, some are not.  Jurisdiction will stay where Dad stays as long as DAD doesn't move away as well.
 
Personally, I think the laws are meant to protect a military parent -- not necessarily if the new spouse is the military parent which is causing one party to want to move.  But hey, just a common person's opinion k?
 
Get smart on what California says about moving, what mom has to do to get the ball rolling, and what case law, yes CASE law says about moves.   (www.findlaw.com)

MixedBag

  • Global Moderator
  • SuperHero
  • *****
  • Posts: 3049
  • Karma: 155
  • That's Me...MixedBag
    • View Profile
    • http://www.doilyboutique.com
Re: Custodial parent wants to move, take kids, how do I stop this???
« Reply #3 on: Aug 25, 2009, 03:38:04 PM »
go to the father's page -- there seems to be another parent with relocation issues.

 

Copyright © SPARC - A Parenting Advocacy Group
Use of this website does not constitute a client/attorney relationship and this site does not provide legal advice.
If you need legal assistance for divorce, child custody, or child support issues, seek advice from a divorce lawyer.