Hearing for Relocation

[Mom4Joint]

Awhile ago I posted in regards to my dh's ex relocating to a city within the same state which is about 125 miles from where we live.  At the time, before she moved, she notified us that she would be moving, but didn't know when or where.  

BM called us on August 14th, the day after she moved to let us know that she had moved and to give us her new address.  Here are some of the facts.

1.  Since BM's move, she has denied all visitation, demanding that if my dh wants to see his daughter, he must drive there to pick her up.

2.  Our hearing regarding this relocation is on September 8th in which we are requesting temporary custody until a full custody hearing can be held for the following reasons:

a)  BM did not notify us of the move until after she moved.
b)  BM has denied visitation since the move.

Most importantly:

c)  When BM advised us of the move, she informed us that she had to move because she was being offered a really high paying job.  At my dh's child support hearing last week (in which BM was requesting an increase in child support) we found out that BM is now currently getting government assistance.  Also, she told us that a temp agency is "trying" to get her a job, but she has not been hired yet.  

She claims that she is currently working a temp job, but we have reason to believe that she is not working at all, and that this entire "job thing" was a big lie from the beginning.  My questions are as follows:

1.  Is there a way for us to find out for certain if BM IS indeed working or if she is on something like welfare instead, such as discovery or something like that?  

2.  If we do uncover for certain that BM doesn't have a job or is simply working part time for a temp agency, would such even be relevant to the issue of relocation or does she have a right to do that?  BM has moved from a 3 bedroom home into a two bedroom apartment and now says she can't afford to bring my dh's daughter to see her dad.

[socrateaser]

>1.  Is there a way for us to find out for certain if BM IS
>indeed working or if she is on something like welfare instead,
>such as discovery or something like that?  

You can subpoena the records from the Dept. of Health and Human Services (DHHS).
>
>2.  If we do uncover for certain that BM doesn't have a job or
>is simply working part time for a temp agency, would such even
>be relevant to the issue of relocation or does she have a
>right to do that?  BM has moved from a 3 bedroom home into a
>two bedroom apartment and now says she can't afford to bring
>my dh's daughter to see her dad.

She probably moved because of some personal relationship that she is not disclosing. The fact that she moved to a place where she now has no employment for no apparent reason certainly puts the child at risk and brings the mother's mental state into serious question.

If there's a temp agency looking for a job for her, you can also subpoena all of their records, too. If she is living in a new county, however, you may need to hold a deposition in that county to get the records, depending on the law of your state.

The DHHS records should be obtainable without an out of state depo, because they are actually state and not county records.

[Mom4Joint]

Awhile ago I posted in regards to my dh's ex relocating to a city within the same state which is about 125 miles from where we live.  At the time, before she moved, she notified us that she would be moving, but didn't know when or where.  

BM called us on August 14th, the day after she moved to let us know that she had moved and to give us her new address.  Here are some of the facts.

1.  Since BM's move, she has denied all visitation, demanding that if my dh wants to see his daughter, he must drive there to pick her up.

2.  Our hearing regarding this relocation is on September 8th in which we are requesting temporary custody until a full custody hearing can be held for the following reasons:

a)  BM did not notify us of the move until after she moved.
b)  BM has denied visitation since the move.

Most importantly:

c)  When BM advised us of the move, she informed us that she had to move because she was being offered a really high paying job.  At my dh's child support hearing last week (in which BM was requesting an increase in child support) we found out that BM is now currently getting government assistance.  Also, she told us that a temp agency is "trying" to get her a job, but she has not been hired yet.  

She claims that she is currently working a temp job, but we have reason to believe that she is not working at all, and that this entire "job thing" was a big lie from the beginning.  My questions are as follows:

1.  Is there a way for us to find out for certain if BM IS indeed working or if she is on something like welfare instead, such as discovery or something like that?  

2.  If we do uncover for certain that BM doesn't have a job or is simply working part time for a temp agency, would such even be relevant to the issue of relocation or does she have a right to do that?  BM has moved from a 3 bedroom home into a two bedroom apartment and now says she can't afford to bring my dh's daughter to see her dad.

[socrateaser]

>1.  Is there a way for us to find out for certain if BM IS
>indeed working or if she is on something like welfare instead,
>such as discovery or something like that?  

You can subpoena the records from the Dept. of Health and Human Services (DHHS).
>
>2.  If we do uncover for certain that BM doesn't have a job or
>is simply working part time for a temp agency, would such even
>be relevant to the issue of relocation or does she have a
>right to do that?  BM has moved from a 3 bedroom home into a
>two bedroom apartment and now says she can't afford to bring
>my dh's daughter to see her dad.

She probably moved because of some personal relationship that she is not disclosing. The fact that she moved to a place where she now has no employment for no apparent reason certainly puts the child at risk and brings the mother's mental state into serious question.

If there's a temp agency looking for a job for her, you can also subpoena all of their records, too. If she is living in a new county, however, you may need to hold a deposition in that county to get the records, depending on the law of your state.

The DHHS records should be obtainable without an out of state depo, because they are actually state and not county records.