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Author Topic: Advise please  (Read 2528 times)

forge

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Advise please
« on: Feb 06, 2012, 06:12:28 PM »
So my wife and I are looking at consolidating our households, which are 500+ miles apart. She in Arkansas, I am in Texas) We have been given reason to believe that the current situation with her ex is not a healthy situation for their son, and are thinking that moving sooner rather than later would be in the child's best interest.

My question here is what sort of out-of-state visitation set-up would be fair in the eyes of the court? My only experience was in Texas where I was forced to strip all parental rights from my ex for reasons similar to what is happening in my wife's ex's residence, but I am also biased and my knowledge is colored with what I know from Texas.

Does anyone have input or suggestions? Input about Arkansas law is really a good start, but any input is valued.

Thanks!


ocean

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Re: Advise please
« Reply #1 on: Feb 06, 2012, 07:10:12 PM »
First, she will have to ask the courts to move children out of state which the courts have denied people lately.
What is the visitation schedule now? Is the father involved? Does not really matter what is going on unless child protective services are involved and taking away father's rights.

If father agrees to move or the court ok move, usually out of state visitation is all of summer school is out, every other big holiday break, (Christmas, Thanksgiving, winter break, spring break).

forge

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Re: Advise please
« Reply #2 on: Feb 06, 2012, 07:18:01 PM »
Well, the DHS is involved on a couple of different cases involving his household. Out attorney has said it shouldnt be a big deal to move, just notifying the courts of a change of address. The move really isnt in question, nor am I given to believe that her ex has any say in the matter, our attorney has stated that while the ex can file, he's not going to prevail, and given the fact that a minor child in his household is being charged with a felony sexual assault, I'm not thinking he will get far with an appeal.

I just really need input on the out of state visitation portion. I want to draw up something which is fair, without giving away more than we have to as we have other children as well who will need our time and attention too.

ocean

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Re: Advise please
« Reply #3 on: Feb 06, 2012, 07:24:59 PM »
Look up long distance parenting plans on this site or the internet. Many of them. If there is an issue of safety, maybe the order should read that the other child will not be allowed in house during visits or that visits will take place at another relatives house.

Is your child allowed unsupervised visits now and overnights?

forge

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Re: Advise please
« Reply #4 on: Feb 06, 2012, 07:32:26 PM »
I've looked up quite a few, and they are really diverse.

Currently yes, the visitation is unsupervised, but we have considered changing that, in part because of the mental stability of the ex's current wife who we have discovered has a "mental disability". (Not sure what the diagnosis was, but it's all adding up to an unsavory situation.)


ocean

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Re: Advise please
« Reply #5 on: Feb 06, 2012, 07:43:53 PM »
If you move, then you will probably pay for transportation so keep that in mind how many times back and forth. Offer a few weeks in the summer and if the situation over there changes it can be looked at again. Offer any time the other parent comes to visit in your state, they can have her. You can make it whatever you want but the norm was what I wrote below BUT you have other issues that warrants her to be safe first. Look into specific wording you can put in for your current situation. You can also offer video chat time, one time a week at a certain time so she can see her other siblings and family on that side.

 

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