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Custodial mom is claiming two residences

Started by blabbity, May 31, 2012, 09:36:09 AM

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blabbity

My boyfriend is the noncustodial parent and has standard visitation with his kids... two weekends a month and every wednesday evening. His ex wife lives in Town A, but recently married a man that has a home in Town B, 100 miles away. The kids' main residence is in Town A, that's the residence in the divorce paperwork, where they go to school, etc. They ocassionally visit the new stepdad's house in Town B on mom's weekends, but live at the house in Town A. Mom never informed my boyfriend of her new husband's address in Town B. My boyfriend has asked for it, but was told that it's none of his business.

Last night was my boyfriend's usual wednesday night visit with his kids. He got to the house in Town A at 5, no one was home. He texted Mom to see where they were. Mom informed him that they were in Town B, and texted him the address finally. Mom is now insisting that my boyfriend has to drive 100 miles each way to exercise his visitation. She gave him no formal notice of a move... she says they haven't offically moved, that they are living in both homes. He told her she was denying him visitation, she told him to kiss her butt. Nice, eh?  He called the police and they came by, so he has solid documentation, in addition to her texts, that she didn't make the children available for the visit. 

So, obviously he's gotten her on one count of custodial interference. She removed the children from their custodial home with no notice, and made it impossible for him to see them last night. But what about the claim that both of the residences are legal residences and she can make him drive all that way?

He's scoured the state code (Utah) to see if there is a legal definition of "custodial home" but couldn't find any clarification on what happens when the custodial parent is claiming two homes. In the meantime, he's adding this incident to a contempt of court motion he's making through his attorney for other decree violations she's made.

Has anyone else come across the custodial parent claiming two residences before?

Thanks!


MixedBag

Focus on your current order that gives specific time with each parent and file and ask the courts for makeup time.

Skip the residence issue -- for now -- but when you tell the judge you missed time because she was in the other home far away and potentially moving there, focus on the TIME the child spends with you.  And go from there.