Child Custody Issues/Child Relocation

[janetrocket]

Hello...I'm here on behalf of my husband.  

Kind of a quick overview of the situation:
      He and his ex got divorced in 04.  He was in the military stationed overseas, had a crappy attorney and got shafted.  He only has 1% custody of his daughter.  He has to have supervised visits at a visitation agency, he pays a ridiculous amount in child support, has to go through classes and counseling all for a situation that happened 5 YEARS AGO.  We've been battling with his ex now for 2 years now to get more custody and he has done MORE then the courts are ordering.  However, every time we go back into the mediation room it gets worse and it never gets better.  She has now informed him last night that she is going to be moving to southern California which is a good 10 hour drive from where we live.  She told him that she is moving on Monday and that she is serving him today (friday) for a court date next Wednesday.  

Here are my questions; Doesn't he have to be served within an appropriate time frame to prepare for the court date? and Can she relocate with their daughter that far away and will the courts make him commute that drive to see his daughter every other Sunday for a hour and a half?

Please help.  Any experience in this or knowledge would be greatly appreciated.

Thanks everyone.

Janetrocket

[MixedBag]

your answers are gonna be found in your state's code or laws with regards to notifying dad/NCP and stuff

And each state has it outlined it to be a bit different.

For example, Alabama requires that both the CP AND the NCP notify each other of any moves.  Most states only require the CP to notify the NCP.


Dad might want to have a proposed parenting plan ready to go for court with a long distance situation in hand -- that includes her paying for all transportation.

THAT way when the military moves him again, the long distance plan is already in place.

AND have it include that the child has permission from both parents to go overseas if he gets stationed overseas.  Might as well tackle that mountain now vs. later.

[Giggles]

Of course your DH is going to fight this move.  Many courts are now frowning on relocations.  You need to make sure your DH has all the documentation of him trying to re-establish his visitation to normal.  Your DH is now going to have to really fight, he should request a GAL be assigned and that the child not be allowed to leave until a determination is ruled.  Your DH should also fight that if the move is allowed that his visitation be increased, and that the BM is responsible for ALL transportation costs, etc.

I HIGHLY suggest your DH get an attorney....

[janetrocket]

I may sound dumb, but this is all new to me.  What's a GAL?  Thanks for the information and suggestions!

[janetrocket]

My husband is no longer in the military.  He just very recently separated, however, I am still serving.  Thanks for the input.  Those ideas help greatly!

[Giggles]

Guardian Ad Litem or simply an attorney for the children.  This is supposed to be a neutral person that represents what is "Best" for the children.

[janetrocket]

ahh, got it.  thanks.  

[wendl]

In some states their is a relocation clause in the order but it isn't worth the paper it's written on.

My husbands ex always filed the paperwork AFTER she moved, he filed objections a few time and nothing happened ok for mom to move.

Each state is a little different.

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