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Author Topic: Possible move out of State  (Read 890 times)

Maxwell

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Possible move out of State
« on: Sep 14, 2006, 07:19:35 AM »
I don't think this posted yesterday so I'll try again.

I have (complete) sole custody of my son, (who is almost 4) from a settlement with BM in mid-2004.  BM and I were never married.  My son and I live in NC though the court order was drafted in SC (but is now registered in NC).   BM signed an agreement hours before the final hearing probably due to the 4 Contempt charges looming on her, refusal to meet with GAL during the process, her attorney quiting, DSS investigation, prior lies to Judge, etc.  

Prior to that I had been given sole custody (in a temp hearing) of my son by the Judge after BM lied to her, failed to comply with prior court orders (drug tests, etc.).  (We had alternating weeks custody prior to that given after the first hearing when my son was 5 months old).  Judge also ordered supervised visitation which we carried over into the new agreement.   The agreement outlines specific things BM must perform (e.g., be evaluated by a psychologist) before I have to even consider changing the visitation.

The agreement is very open-ended as far as the supervised visitation. BM did not see son for ~1 year following final hearing, and now sees him maybe once every few weeks (we used a supervised visitation center which is busy and far away).  She does have 2 other children (all different fathers), and each were also involved in separate custody cases as well.  I don't even know where she lives (though I hear she just divorced 4th husband) as she runs from man to man dragging her 2 kids with her. She never calls to talk to son, and in fact he doesn't really understand what is going on.

I was recently offered a very good job in the northeast -- a boost to my career -- where my extended family lives (lots of sisters, nephews, nieces).  We are all very close and we visit there often.   When conversing with my attorney way back (about possibly moving away), I recall him saying that I may need to inform BM of my move, and that she may be able to protest it in court but that a Judge may rule in my favor given the circumstances. Thus my general questions.

1.  How does one go about informing the NCP about a move?   Are there rules (specific to the State)?  Do I just send her USPS mail and wait for her reply (if any)?

2.  Given what you know (maybe to few facts), what are the chances that a Judge would not allow me to move?  

3.  Given what you know (maybe to few facts), what are the chances that a Judge would change the court order (particularly the supervised visitation)?  (Again, the current final agreement/order was crafted by my attorney and me, and agreed to by BM in front of the Judge at the final hearing.)

4.  With the time it takes to get into court, it seems as though there is a catch-22. How can one take a new job offer, yet not know if they may be challenged in court by the NCP?   I would doubt most employers would hold open a job for a decision that long, and then there are the issues with the current job status, home selling/buying, etc.

thx!


socrateaser

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RE: Possible move out of State
« Reply #1 on: Sep 14, 2006, 03:27:15 PM »
>1.  How does one go about informing the NCP about a move?  
>Are there rules (specific to the State)?  Do I just send her
>USPS mail and wait for her reply (if any)?

Specific to state. In this case, since the case is registered for enforcement in NC, but SC jurisdiction has not been changed, you would use SC law as the process under which to notify her. Exactly what that process is, or whether there is any process, is unknown.

However, as you have "sole" custody, I strongly believe that you have no duty to notify her at all (but, I'd still check with an SC attorney).

>
>2.  Given what you know (maybe to few facts), what are the
>chances that a Judge would not allow me to move?  

Zero.

>
>3.  Given what you know (maybe to few facts), what are the
>chances that a Judge would change the court order
>(particularly the supervised visitation)?  (Again, the current
>final agreement/order was crafted by my attorney and me, and
>agreed to by BM in front of the Judge at the final hearing.)

Too speculative. Question is will mom challenge the move? If not, then the court will do nothing.

>
>4.  With the time it takes to get into court, it seems as
>though there is a catch-22. How can one take a new job offer,
>yet not know if they may be challenged in court by the NCP?  
>I would doubt most employers would hold open a job for a
>decision that long, and then there are the issues with the
>current job status, home selling/buying, etc.

If it really were an issue that you were restrained from moving the child in advance, you could probably get an emergency hearing. That's not applicable to your situation, because you have sole custody, and you're not restrained.

 

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