Move away

[tsl]

Hi, this is for a friend I work with.  State is Indiana.

she is engaged to this guy who has 2 kids.  He shares joint custody with the mother.  He has the girls quite often (e/o weekend, and throughout the week, for nights and just maybe day visits...whenever mom wants them to take the girls they do).

Mom met this military guy and married him w/in a couple months.  He is in or is heading to Iraq for 6 to 9 months.  She informed the Court and the father of her intent to move to NC in April.  Even though her new husband won't be back she is going to live in his house on base and all that.  

She has an attorney, the dad doesn't.  She informed him yesterday that support will be getting increased a lot b/c she is moving and he won't see the girls as much.  (In Indiana support is based on overnights)  I told the girl I work with that while that maybe true they need to weigh in expense of transportation for the girls to visit their father.  

Right now they are young (I think they are not in school yet).  The mother does not have family in NC.  They are all here.  

Heck, I told them to go after custody.  they have no $$ for an attorney (if I were her I would tell him to take back the over $2k engagement ring and wedding band set and use that money)...

What do u think would happen if dad filed pro se?  I told her that they need to, at the very least, go in and talk to a good attorney for advice.  And, at the least, if he doesn't want to fight the move then use an attorney to negotiate the best possible agreement including support, visitation (when and how long) as well as transportation, costs, etc.

Any advice you can think of?

[CustodyIQ]

I think what you told him is pretty sound.

In terms of a parenting plan, if he asks for a week surrounding X-mas, a week at spring break, and 8 weeks during the summer, he could end up with a comparable number of overnights as present... albeit not nearly as frequent.

It'd be worthwhile to also have a clause that with 30 days notice to the mother, he can see the girls for 24 hours up to two times per month.

So, if dad can fly to NC over a weekend, he can see them too.

[Sherry1]

a move away.  In New Mexico, you have to either get the court's permission or the NCP's permission.  If you don't then it is considered parental kidnapping to move the child.  

I know that states differ on this, but I would definitely check the statutes.  He could also probably either get on line or go to the courthouse to get paperwork to file pro se to keep her from moving, i.e., maybe an emergency petition for custody.

My friend attempted to move her 3 year old clear across the US to live with her new husband.  The NCP filed a motion to block the move and she ended up spending $25,000 to try to move the child.  She lost.  Since she was the one that wanted to move, almost all of the expenses to attempt this had to be paid by her.

Again, your first move should be to check the state statutes, check your fiance's court order to see if it addresses move aways, and then obtain the paperwork you might need to file for custody or to block her move.

[msme]

a clause that says that the moving parent pays all costs of transportation for visitation. Also maybe a clause that says if he is transfered to another country that allows families, custody reverts to you.

Actually, though, you better beg or borrow whatever it takes to hire a kicka$$ Board Certified Family Law & Custody Specialist. She has no grounds for uprooting the children, since her husband will not be where she wants to move to & there is no guarantee that he will be stationed there after he returns.

Good luck & God bless
You never get a second chance to make a first impression!

[wysiwyg]

Indiana law (Ind. Code § 31-14-13-10 and Ind. Code § 31-17-2-23) require that if a custodial parent intends to move outside Indiana, or more than one hundred (100) miles from the individual's county of residence, a notice of intent to move must be filed with the clerk of the court that issued the custody order, and a copy of the notice must be sent to the other parent.

This is also waiting final draft and also addresses move away's http://www.in.gov/legislative/interim/committee/ccsa.html
What I found interesting in this is that someplace it states that the final draft shall be adopted........or something to that effect.  

Hope this helps.

[tsl]

The father went and talked to an attorney and was told there is nothing he can do!  I still can't believe this.  He took the proposed paperwork to this attorney and she reviewed it and said it looked fine to her.  

I still don't buy it b/c it doesn't even address financial aspects of transportation and visitation....

[msme]

as I said above: "hire a kicka$$ Board Certified Family Law & Custody Specialist. She has no grounds for uprooting the children, since her husband will not be where she wants to move to & there is no guarantee that he will be stationed there after he returns."

That said, I will also tell you to tell him that there has been a long term denial of fathers rights. Many attorneys have made a lot of money off of men who hire them & then sit in awe as the man/woman, that he has entrusted with his most cherished possessions, his children, sits back & does nothing while his butt is handed to him on a platter.

They then shake your hand & say, "I'm sorry but that's the way the courts are & know that you fought the good fight. My final bill will be in the mail" Direct quote from my son's first lawyer.

Did you read any of the info on here about hiring a lawyer? There are some very specific questions one must ask an attorney before hiring him/her. Pull that up & print it out. Then have him read it & find another attorney.

Good luck & God bless.
You never get a second chance to make a first impression!