Contest Relocation

[ocean]

#5 - all that looks good, maybe add "mother lived with her parents and now will be living closer or with current new boyfriend since her divorce in xx"

But really, from what I have seen, you are trying to counter line by line, and I am sure you can but will a judge really see read all of that...nope. Keep it simple and at the hearing use all of that for your notes....Just "father does not agree for these reasons....xyz (like my last post) and the schooling maybe with mother did not give 45 days notice as court ordered. Have to prove that moving would not be in the best interest of child and that being moved xx times since kindergarten is not educational stability and mother is not force to move this time as in the past with her ex being in military.

Do you have a court date? First day will prob be a hearing and not a trial to see if you will agree. Keep your ground against lawyer and say you do not agree to move, period. At trial, you will be able to question ex when she goes on the stand...then you can use all of what you wrote to make questions on why she didn't sign her up at a magnet school by you? why does she have to move? what is salary difference? will she be moving into boyfriend house? where has she been living last xx months? why didn't she tell you that she moved? why cant bf move to your area instead of disrupting her again? ....IF it gets this far, seems like you are not going to get into court before school starts so maybe asking in this rebuttal that Father requests child not be moved out of state until hearing...(can try to get the restraining order if you think she will take her anyway and then come back for court). You do not want her taking her and starting her in school there without court permission.

Call her school she is in now, ask if she was pulled out and records sent somewhere in TX. Father can have school records even with her having sole custody.

Custody will be determined at this court date....if she is with you then you will be named primary custodial parent during school year..

[ocean]

Trying to think of an easy way to do this:

Father is contesting relocation of his daughter to TX due to:

a) Father has had short-distance parenting plan in place for last two years. Father has enjoyed being in daughter's every day life since mother divorced her military husband and mother/daughter moved back to original hometown. Father wants to continue being a part in daughter's life along with having family from both sides residing in xx. Daughter is involved in the church, had friends in xx, and has brother/sister and extended family all living in xx.

b)Daughter has been in xx schools since Kindergarten. Father would like to see educational stability as daughter is going into the middle school years. Father's school district is excellent.

c)Father requests physical custody of daughter during school year as daughter has been living with grandparents without his knowledge since xx. Mother has already moved to TX without daughter.  Father will ensure visitation with both sides of the family as they all live in xx. Mother will have physical custody during the summer and on a holiday schedule that the court deems fit.

d) Mother did not give 45 days notice as court ordered.

e) Father requests a hearing before school starts so daughter may start school at xx on xx with the rest of her class to make a smooth transition.

**you may have to put in change of custody paperwork with these or after first hearing...maybe go to talk to a lawyer for an hour consultation. Here the first hour is usually free or no more than $100 and could help you in the way they do things by you. You can also hire /fire lawyers so you only pay them to show up at the hearing and not for all the back and forth to save money. Ask how much they would charge to show up at first hearing ...

[MixedBag]

great advice so far....  and good luck!

Have all your previous hearings been held in Birmingham?  Is there history in the folder there?

I guess I just wanna say that you gotta also ask for joint custody and primary residential.....not just primary residential.  One is a legal word and one is where she lives....

Even if it's been denied before, you have a new a great reason.  Mom can't have "sole custody" and you/dad be primary residential and mom move away.  That just won't work.