Contested relocation, Revisit Final Order/ Custody, & Contempt Help!

[WA. Dad]

My X has filed a notice of relocation, she's moving 500 miles, to the same county where I live, and I would like to contest, only to revisit the Final Order and possibly get custody of my son or at least improve our visitation.

I know she messed with the dates of her move on her notice, she was already here when she filed notice, claiming she would be moving in 10 days, but was already here.
 Although I'm glad that my son is a lot closer to me, I still want to revisit the Final Order.  Any Comments ?

Brief history, and some concerns I have that I would like to address at the time of Hearing
left me at 3 mo. pregnant, didn't hear from her until a week before our son was born, I went to see son once a week for the 1st Mo., then with out any notice she moved, I didn't hear from her at all for 1 yr., until I was served, at hearing I was accused of abuse, stalking, etc, and judge ordered restraining/no contact order, & only gave me 1 hr a week supervised visits with my son, I drove close to 1000 mi. to see my son for 1 hr. I did this for months, until the GAL figured out all her claims were BS, they dropped the R.O. etc. but still limited me on the time I spent with my son, saying I had to work up to it because I was a stranger to him, then the mother not even bringing him to our visits, again I had to pay for her actions.

Childhood Immunizations, She's not taken our son for any, and claims she wont do it, he's 4 yr. old

Mother put her last name on our son's Birth Certificate,

Living conditions, possibly living in a old School Bus no water/bathroom, etc.Before she moved she called me saying she was moving, and that she knew nobody would like it but she was going to be living in a old school bus, Sm. Van/box type.
I just had him for 10 days and while driving he pointed toward the campgrounds where they were camping at and wanted to go see him mom, so I know they were living in the bus but not sure if it's still going on.

Home schooling mother claims she will home school our son, & I have no say
She claims she'll be schooling him, but she is working, I want him to attend public school where I live.


Mothers lifestyle, Mother has what I believe to be Borderline Personality Disorder,  she claims to be Bi sexual, & is exploring her sexuality with multiple partners, group, etc. and I have some real concerns as to who & what my son is being exposed to and some things that I've seen while staying with me, things of a light sexual nature.

Money owed me for her share of travel cost never paid, Final order stated she pay for cost of my travel for her share of travel distance 1/2, and she'd only paid me $ 10.00 towards Hundreds spent driving her half, so I want to get some kind of judgement for that.    she's in contempt on this.

Mother moved away from her city were Dispute resolution was being done, what now? new order for same here?
Final Order stated that if any dispute happened we try to resolve though a resolution/mediation service in her city, after one session, which only focused on my dropping the custodial interference charge I made on her, although their was much more I was looking to resolve, before the next session she moved, now leaving us without any way to resolve any disputes between us.

Or if it's better to not object to her relocation, and see if I can get a change of Venue into the County we both live now?
And what would that process be.

All help is greatly Appreciated   WA. Dad

[notnew]

File a motion to transfer custody for failure to provide adequate medical care and failure to have a proper home.

Call CPS and get them involved. Her failure to get him immunized is dangerous and the living conditions need to be checked into immediately.

You need to file a motion to transfer the jurisdiction to the county where you are both living right now.

The CPS issue needs to happen asap. The motions for transfer of jurisdiction and then custody could take time.

Ask for a psych evaluation for her since you suspect mental problems.

get a lawyer. If you could afford to travel 1000 miles to see your kid for 1 hour, then you can pull the resources to get an attorney to do this for you. Believe me, there are a lot of legal manuevers that you don't know about.

Move on it asap, the longer you let it go, the more it will look like you didn't have a problem with it.

Travel reimbursement is a contempt issue. Separate filing. Not your priority right now. It isn't an issue anymore anyway since she is living close by. I don't think this is worth your time right now or the most important thing.

Look for family law attorney. Ask how much of their practice is family law vs. other cases. and specifically father's getting custody. You need someone who will fight for your kid.

Remember, it is all about what is in the best interest of the child. If you have a home, stable environment, etc., and mom is living like a hobo, then you should be ok.

good luck.

[Jade]

>My X has filed a notice of relocation, she's moving 500
>miles, to the same county where I live, and I would like to
>contest, only to revisit the Final Order and possibly get
>custody of my son or at least improve our visitation.
>
>I know she messed with the dates of her move on her notice,
>she was already here when she filed notice, claiming she would
>be moving in 10 days, but was already here.
> Although I'm glad that my son is a lot closer to me, I still
>want to revisit the Final Order.  Any Comments ?
>
>Brief history, and some concerns I have that I would like to
>address at the time of Hearing
>left me at 3 mo. pregnant, didn't hear from her until a week
>before our son was born, I went to see son once a week for the
>1st Mo., then with out any notice she moved, I didn't hear
>from her at all for 1 yr., until I was served, at hearing I
>was accused of abuse, stalking, etc, and judge ordered
>restraining/no contact order, & only gave me 1 hr a week
>supervised visits with my son, I drove close to 1000 mi. to
>see my son for 1 hr. I did this for months, until the GAL
>figured out all her claims were BS, they dropped the R.O. etc.
>but still limited me on the time I spent with my son, saying I
>had to work up to it because I was a stranger to him, then the
>mother not even bringing him to our visits, again I had to pay
>for her actions.
>
>Childhood Immunizations, She's not taken our son for any, and
>claims she wont do it, he's 4 yr. old
>
>Mother put her last name on our son's Birth Certificate,
>
>Living conditions, possibly living in a old School Bus no
>water/bathroom, etc.Before she moved she called me saying she
>was moving, and that she knew nobody would like it but she was
>going to be living in a old school bus, Sm. Van/box type.
>I just had him for 10 days and while driving he pointed toward
>the campgrounds where they were camping at and wanted to go
>see him mom, so I know they were living in the bus but not
>sure if it's still going on.
>
>Home schooling mother claims she will home school our son, & I
>have no say
>She claims she'll be schooling him, but she is working, I want
>him to attend public school where I live.
>
>
>Mothers lifestyle, Mother has what I believe to be Borderline
>Personality Disorder,  she claims to be Bi sexual, & is
>exploring her sexuality with multiple partners, group, etc.
>and I have some real concerns as to who & what my son is being
>exposed to and some things that I've seen while staying with
>me, things of a light sexual nature.
>
>Money owed me for her share of travel cost never paid, Final
>order stated she pay for cost of my travel for her share of
>travel distance 1/2, and she'd only paid me $ 10.00 towards
>Hundreds spent driving her half, so I want to get some kind of
>judgement for that.    she's in contempt on this.
>
>Mother moved away from her city were Dispute resolution was
>being done, what now? new order for same here?
>Final Order stated that if any dispute happened we try to
>resolve though a resolution/mediation service in her city,
>after one session, which only focused on my dropping the
>custodial interference charge I made on her, although their
>was much more I was looking to resolve, before the next
>session she moved, now leaving us without any way to resolve
>any disputes between us.
>
>Or if it's better to not object to her relocation, and see if
>I can get a change of Venue into the County we both live now?
>And what would that process be.
>
>All help is greatly Appreciated   WA. Dad

The vaccine issue is debatable.  There are risks to vaccine's.  And all she has to say is that it is against her religion.  It's a losing argument.

If you suspect that your child is being sexually abused, you need to get child protective services involved.  However, being bi-sexual doesn't mean she is sexually abusing her child.  

And I wouldn't go to court claiming she has a mental illness, unless you actually have a doctor to back you up.  You can request that a mental health evaluation be done on everyone, yourself included.  

As for the last name on the birth certificate, you can petition the court to have his last name hyphenated with hers and yours.  She has as much right to give her child her last name as you do.  

[wendl]

Usually the relocation thing isn't worth the paper it is written on in WA State at least in Pierce or Snohomish County (DH's ex moved many times w/o filing hte paper or filed after the fact)

If she is closer that is good for you.

Legally you do not have to inmunize your children, if you have joint medical decision making then bring it up in court,

you can ask that the order be transfered to the county that you both reside in now.

home schooling, again refer to your parenting plan regarding education. Contact the schools to see what the requirements are for homeschooling and ask your ex to provide the lesson plans to you.

You can request that the birth certificate be amended to your last name thru the courts if you weren't married she could put whatever name for the last name she wanted (my son has my maiden name not his fathers)

Living conditions, call the local sherrif ask then to do a well child checkup, let them know you are concerned that hte child may not have proper running water or heat etc

Sorry this is brief I just skimmed thru it.


**These are my opinions, they are not legal advice**

[mistoffolees]

>Legally you do not have to inmunize your children, if you have
>joint medical decision making then bring it up in court,

If you have joint legal, don't you have the right to get the kids immunized without the other parent's permission? Worth asking the attorney, but I think that's the case.

[Jade]

>>Legally you do not have to inmunize your children, if you
>have
>>joint medical decision making then bring it up in court,
>
>If you have joint legal, don't you have the right to get the
>kids immunized without the other parent's permission? Worth
>asking the attorney, but I think that's the case.

Depends on the state.  In my state, that could be grounds for changing to sole legal custody (according to my attorney).  

Joint legal in my state means that both parents have an equal say and if they don't agree, they go to court.  

Obviously, if it is a life or death emergency situation (and vaccine's aren't), either parent can give permission.  

[WA. Dad]

Update

I contacted CPS they said I didn't have enough to get a investigation started, it's not againt the law to be homeless with kids in WA.
they suggested I go back though the Whatcom co, Court to address any of my concerns.

Mother has been acting 180 out of what see was doing to mein the past, but I don't trust her, when I told her I wanted to revisit the PP since she was living closer to me now, her reply was that the PP was just something to work off of, that she was willing to work with me on issuses without going to court, and said we cant get our case transfered to this Co. until she's lived here 6 Mo.

It's something I don't belive, theirs nothing to keep her from going back to the PP at any time, and I'm going to contact both Courthouses to find out the rules.
Meanwhile she's still living in a old schoolbus, this isn't something that has been turned into a RV, seats removed and matterss dropped on the floor, she's limited on how long she can stay at campground, and must move to the next one.
I 'll find out about the Sheriff  doing a well child visit to the campground and get that report.

Whatever Courthouse I have to adress all this to, I'll have some things to report to them.

I want to tell you all a big Thank you for all your comments,  the time you've taken to help, Thanks so much!

I dont have the funds to get Attorney at this time, so I'm doing what I can, until then, so any further comments would be great.

WA. Dad, Gary







>My X has filed a notice of relocation, she's moving 500
>miles, to the same county where I live, and I would like to
>contest, only to revisit the Final Order and possibly get
>custody of my son or at least improve our visitation.
>
>I know she messed with the dates of her move on her notice,
>she was already here when she filed notice, claiming she would
>be moving in 10 days, but was already here.
> Although I'm glad that my son is a lot closer to me, I still
>want to revisit the Final Order.  Any Comments ?
>
>Brief history, and some concerns I have that I would like to
>address at the time of Hearing
>left me at 3 mo. pregnant, didn't hear from her until a week
>before our son was born, I went to see son once a week for the
>1st Mo., then with out any notice she moved, I didn't hear
>from her at all for 1 yr., until I was served, at hearing I
>was accused of abuse, stalking, etc, and judge ordered
>restraining/no contact order, & only gave me 1 hr a week
>supervised visits with my son, I drove close to 1000 mi. to
>see my son for 1 hr. I did this for months, until the GAL
>figured out all her claims were BS, they dropped the R.O. etc.
>but still limited me on the time I spent with my son, saying I
>had to work up to it because I was a stranger to him, then the
>mother not even bringing him to our visits, again I had to pay
>for her actions.
>
>Childhood Immunizations, She's not taken our son for any, and
>claims she wont do it, he's 4 yr. old
>
>Mother put her last name on our son's Birth Certificate,
>
>Living conditions, possibly living in a old School Bus no
>water/bathroom, etc.Before she moved she called me saying she
>was moving, and that she knew nobody would like it but she was
>going to be living in a old school bus, Sm. Van/box type.
>I just had him for 10 days and while driving he pointed toward
>the campgrounds where they were camping at and wanted to go
>see him mom, so I know they were living in the bus but not
>sure if it's still going on.
>
>Home schooling mother claims she will home school our son, & I
>have no say
>She claims she'll be schooling him, but she is working, I want
>him to attend public school where I live.
>
>
>Mothers lifestyle, Mother has what I believe to be Borderline
>Personality Disorder,  she claims to be Bi sexual, & is
>exploring her sexuality with multiple partners, group, etc.
>and I have some real concerns as to who & what my son is being
>exposed to and some things that I've seen while staying with
>me, things of a light sexual nature.
>
>Money owed me for her share of travel cost never paid, Final
>order stated she pay for cost of my travel for her share of
>travel distance 1/2, and she'd only paid me $ 10.00 towards
>Hundreds spent driving her half, so I want to get some kind of
>judgement for that.    she's in contempt on this.
>
>Mother moved away from her city were Dispute resolution was
>being done, what now? new order for same here?
>Final Order stated that if any dispute happened we try to
>resolve though a resolution/mediation service in her city,
>after one session, which only focused on my dropping the
>custodial interference charge I made on her, although their
>was much more I was looking to resolve, before the next
>session she moved, now leaving us without any way to resolve
>any disputes between us.
>
>Or if it's better to not object to her relocation, and see if
>I can get a change of Venue into the County we both live now?
>And what would that process be.
>
>All help is greatly Appreciated   WA. Dad